What is the test for determining whether there is a reasonable probability of agreement in a trial?

California, United States of America


The following excerpt is from People v. Camorlinga, F067628 (Cal. App. 2015):

"'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." (People v. Sandoval (1992) 4 Cal.4th 155, 195-196; People v. Debose (2014) 59 Cal.4th 177, 209 [trial court has the discretion to determine whether to declare a hung jury or order further deliberations].)

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