Can a jury member be strong enough to remind a juror that they are violating their oath by refusing to deliberate?

Later, in People v. Barnwell (2007) 41 Cal.4th 1038 (Barnwell), our high court rejected a challenge to the trial court's comments telling prospective jurors during voir dire: " 'Now, if such a thing were to happen that a juror refused to deliberate, would you be strong [enough] to remind that juror that they were violating their oath?' The jurors answered yes. The court continued: 'Would you be strong enough to bring it to my attention if that behavior persisted?' The jurors again answered yes." (Id. at p. 1055.) Even though the case was tried before the instruction in Engelman was adopted, the court found no error under Engelman because "even the giving of a formal jury instruction on these topics would not have infringed upon defendant's federal or state constitutional rights by jury or his state constitutional right to a unanimous verdict. [Citation.] Moreover, the remarks made by the court and prosecutor did not invite the jurors to act as though they had 'a license to scrutinize other jurors for some ill-defined misconduct rather than to remain receptive to the views of others.' " (Barnwell, supra, at p. 1055.)

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