Can a jury be discharged from deliberations if they are deadlocked?

California, United States of America


The following excerpt is from People v. Damian, C089940 (Cal. App. 2021):

Section 1140 provides that the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, unless by consent of both parties, entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree. The determination whether there is reasonable probability of agreement rests in the discretion of the trial court. [Citations.] The court must exercise its power, however, without coercion of the jury, so as to avoid displacing the jury's independent judgment in favor of considerations of compromise and expediency. [Citation.]' [Citation.] The question of coercion is necessarily dependent on the facts and circumstances of each case. [Citation.] (People v. Sandoval (1992) 4 Cal.4th 155, 195-196.)

In People v. Thomas (1991) 231 Cal.App.3d 299 (Thomas), the appellate court considered a similar set of circumstances. There, the jury informed the trial court it was deadlocked, and each juror said it would not be productive to continue deliberations. (Id. at p. 302.) The trial court asked for a show of hands in response to the question, Do you think it would be at all helpful to you if the court gave you further instructions on the law,' and only one juror raised their hand. (Ibid.) The trial court asked the jury to continue deliberating and reminded the jurors they could ask the court for clarification on the law. (Ibid.) The jury returned to the jury room, did not ask any further questions, and reached a verdict shortly thereafter. (Ibid.)

Other Questions


How have the jury been instructed to interpret the meaning of deliberate deliberate deliberate use of the word "deliberately" in the dictionary? (California, United States of America)
What is the test for deliberate, deliberate or even deliberate action in an assault case? (California, United States of America)
Does section 1089 of the California Criminal Code require a jury to disregard all previous deliberations and disregard all past deliberations and begin deliberating anew? (California, United States of America)
What is the test for deliberate, deliberate, and/or deliberation in the context of an attempted murder case? (California, United States of America)
What is the test for discharging a jury when there is a deadlock? (California, United States of America)
What is the test for a charge of obstructing the discharge or discharge of a peace officer? (California, United States of America)
What is the test for a conviction for deliberate and deliberate murder? (California, United States of America)
Does the definition of premeditation under section 664(a) of the California Criminal Code apply to a murder that was committed intentionally, deliberately or deliberately? (California, United States of America)
Can a juror be discharged under section 1089 of the Penal Code for refusing to deliberate? (California, United States of America)
What is the test for a jury to convict a defendant of deliberate and deliberate murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.