Does the court need to consult the jurors before ordering further deliberations before ordering them to continue their deliberations?

California, United States of America


The following excerpt is from People v. Dejohnette, B278736 (Cal. App. 2018):

deliberations would be productive before ordering them to continue their deliberations].) Indeed, even if the court had polled the jurors, and each juror had stated he or she did not believe the jury would be able to reach a verdict, the court could still reasonably have concluded further deliberations could assist the jury. (See People v. Debose, supra, 59 Cal.4th at p. 209 [court did not abuse its discretion by recessing for the afternoon and ordering the jurors to return the next morning to continue their deliberations, even though each juror had stated there was nothing the court could do to assist them in reaching a verdict]; People v. Sandoval (1992) 4 Cal.4th 155, 195 [trial court did not abuse its discretion in ordering further deliberations, even after each juror stated further deliberations would not produce a verdict].)

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