What is the test for discharging a jury for failing to agree with a jury's verdict?

California, United States of America


The following excerpt is from People v. Jones, E061729 (Cal. App. 2016):

Section 1164, subdivision (a) explains, in pertinent part: "If any juror disagrees [with the verdict], the fact shall be entered upon the minutes and the jury again sent out; but if no disagreement is expressed, the verdict is complete, and the jury shall, subject to subdivision (b), be discharged from the case." A jury's verdict is complete when it has been received and read by the clerk, acknowledged by the jury, and recorded. (People v. Garcia (2012) 204 Cal.App.4th 542, 551.)

When the jurors are polled, and the jurors' answers to a jury poll are equivocal, the trial court is permitted to inquire further and seek clarification from the jurors rather than sending the jury out for further deliberations. (People v. Carrasco (2008) 163 Cal.App.4th 978, 986-989, 991-992, fn. 4.) If a juror first answers equivocally, but then directly states that the verdict is his, his last answer may be accepted. (Id. at pp. 991-992, fn. 4; People v. Burnett (1962) 204 Cal.App.2d 453, 458.)

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