In what circumstances will a jury be instructed to consider the possibility of a retrial if they fail to reach a verdict?

MultiRegion, United States of America

The following excerpt is from U.S. v. Hernandez, 105 F.3d 1330 (9th Cir. 1997):

The district court noted the possibility of retrial should the jury not reach a verdict, but the instruction did not mention the expense that would be incurred by the Government and the defense in the event of a retrial. See United States v. Bonam, 772 F.2d 1449, 1450-51 (9th Cir.1985) (finding no abuse of discretion even though the district court improperly told the jury that if they failed to reach a verdict, the case would be retried at additional expense). The district court should not have mentioned the possibility of retrial in this case. However, this comment was made in the context of the district court's statement that no other set of jurors would be better equipped to decide the case than this jury. In this setting, the statement concerning retrial was not coercive.

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