When faced with a jury that claims it is deadlocked, does a court have to "throw up its hands and tell the jury it cannot help"?

California, United States of America


The following excerpt is from People v. Lewis, B257324 (Cal. App. 2015):

When faced with a jury that claims it is deadlocked, "'a court must do more than figuratively throw up its hands and tell the jury it cannot help. It must at least consider how it can best aid the jury.' [Citation.]" (People v. Young (2007) 156 Cal.App.4th 1165, 1171-1172 [italics omitted].) As long as the trial court avoids coercing the jury to reach a verdict, there is no bar against inquiring into the possibility of agreement and it is not coercive to suggest further deliberations. (People v. Bell (2007) 40 Cal.4th 582, 616.)

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