What is the effect of supplemental instruction in a jury trial where the jury has deliberated for some time?

California, United States of America


The following excerpt is from People v. Moraga, 244 Cal.App.2d 565, 53 Cal.Rptr. 563 (Cal. App. 1966):

The situation here is far different from that which exists where, after a jury has deliberated for some time, they are recalled and the court seeks to induce a verdict. It was in the latter context that the supplemental instruction, 1 discussed and condemned in People v. Baumgartner (1958) 166 Cal.App.2d 103, 332 P.2d 366, was given. And even where the challenged instruction is given after deliberations have proceeded for some time, it will not necessarily be regarded as coercive if it merely urges on a jury the importance of giving reasonable consideration to the views of others. (People

Page 567

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)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Is it instructional error to instruct a jury in a trial trial on a defense that is not relevant to the facts of the case? (California, United States of America)
In what circumstances will the jury be instructed to follow the law as instructed, rather than consider any comments by the prosecutor that conflicted with the trial court's instructions? (California, United States of America)
Is there any instructional error in general criminal intent instruction used by the trial court to include counts 4 and 7 in the General Criminal intent instruction? (California, United States of America)
Does the fact that appellant was found incompetent after the trial not establish that he was incompetent during the trial, but does not establish he was competent at the time of trial? (California, United States of America)
Does a defendant have grounds to argue that a trial court prejudicially errs in failing to instruct the jury sua sponte at the penalty phase to disregard the no-sympathy instruction at the guilt phase? (California, United States of America)
Does the Attorney General have any authority or authority to instruct a jury to disregard an instruction in an assault case where the instruction had no antecedent in the facts? (California, United States of America)
What is the standard of review applied by appellate courts to a decision by a trial court to instruct or not to instruct a jury? (California, United States of America)
What is the test for determining whether an instructional error during a trial affected the outcome of the trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.