California, United States of America
The following excerpt is from People v. Colon, C084527 (Cal. App. 2018):
deliberate, express your views on what it is--your views and the basis on which your view exists, not just in a conclusory fashion, but actually deliberate" to be coercive. The trial court's instruction simply explained that the "deliberative process" includes "participat[ing] in discussions with fellow jurors by listening to their views and by expressing his or her own views." (People v. Cleveland (2001) 25 Cal.4th 466, 485 (Cleveland) ["A refusal to deliberate consists of a juror's unwillingness to engage in the deliberative process"].) The supplemental instruction, moreover, was similar to CALCRIM No. 3550, which the jury was given prior to starting deliberations. That instruction provides in part: "It is your duty to talk with one another and to deliberate in the jury room. You should try to agree on a verdict if you can. Each of you must decide the case for yourself, but only after you have discussed the evidence with the other jurors . . . . [] Keep an open mind and openly exchange your thoughts and ideas about this case."
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