Can a defendant argue that the instruction "In reaching your verdict" improperly implies that the jury is obligated to reach a verdict in the case?

California, United States of America


The following excerpt is from People v. Anderson, 152 Cal.App.4th 919, 61 Cal.Rptr.3d 903 (Cal. App. 2007):

Defendant contends that by saying, "In reaching your verdict," the instruction improperly implies the jury is obligated to reach a verdict in the case. However, as explained in section II, ante, another instruction, CALCRIM No. 3550, advises: "You should try to agree on a verdict if you can." It further explains: "[If you are able to reach a unanimous decision on only one or only some of the (charges/[or] defendants), fill in (that/those) verdict form[s] only....]" The correctness of jury instructions is determined from the entire charge of the court. (People v. Burgener, supra, 41 Cal.3d at pp. 538-539, 224 Cal.Rptr. 112, 714 P.2d 1251.)

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