SEQ CHAPTER \h \r 1CR03-101 06/18/03

HUNG JURY CHARGE

Your foreperson has presented the court with a note.

[Read note.]

Your verdict must be unanimous.  It is either guilty or not guilty by twelve people.  If in your good consciences you cannot reach a unanimous verdict, then you report to the court that you cannot do so, and you become what is known as a hung jury.  In other words, you are saying that you cannot reach a unanimous verdict one way or the other.

Now the law prefers that cases be resolved, but that is not as important as your voting your consciences in this case.  As I told you before, each of you must decide the case for yourself, but do so only after an impartial consideration of the evidence with your fellow jurors.

During your deliberations you shouldn’t hesitate to re-examine your own views and change your opinion if you are convinced that it was wrong.  But do not surrender your honest opinion as to the weight or effect of the evidence solely because of the opinions of your fellow jurors, or for the purpose of returning a verdict.

If you can reach a unanimous verdict, do so, but do not give up your individual judgment as judges of the facts in this case.  Take as much time as you need to discuss the case.  I am going to send you back to deliberate further.