Why Does a Judge Send a Deadlocked Jury Back To Deliberate?

When the jury tells the judge it cannot agree, the judge may ask it to continue deliberating, but cannot coerce a verdict. Judges have reasons and legal tools to encourage further deliberation. To those watching a case, it can seem confusing or unfair. Contact an experienced criminal defense attorney in your area for legal guidance.

What Exactly Are Jury Instructions?

Jury instructions are the judge’s guidance to the jury explaining the particular law that applies to the case. They cover the legal standards jurors must use to weigh the evidence. Common subjects of jury instructions include:

• The burden of proof
• The definition of each charge
• How to evaluate testimony

Jury instructions keep the jury focused on the law rather than personal opinion or emotion during jury deliberations. They can become especially important in high-stakes cases.

In a homicide trial, for example, the instructions depend on the charges and, in some circumstances, on lesser-included offenses supported by the evidence, since the possible offenses can carry very different consequences, up to and including a life sentence.

Jurors are told they can only find a defendant criminally responsible if the prosecution proves each element beyond a reasonable doubt.

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Does the Jury Have To Follow the Judge’s Interpretation of the Law?

A jury’s job is to judge the facts. The judge, by contrast, decides the law. As such, the jurors must apply the law exactly as the judge explains it. The jury cannot rely on their personal views of the law when they disagree with the judge.

The jury weighs the evidence, while the judge sets the legal framework. This structure allows for fair and consistent outcomes across different cases.

Can Jurors Ask the Judge Questions?

Jurors may ask the judge questions during deliberations. Jurors can send questions to the judge in writing. Common questions that jurors ask judges include:

• Clarifying a legal term
• Reviewing testimony
• Re-examining an instruction

Before responding, the judge reviews the questions with the district attorney representing the prosecution and the defense attorneys representing the accused. The judge may repeat an instruction or provide a limited answer, but it will not offer an opinion on guilt.

Why Does a Judge Send a Deadlocked Jury Back To Deliberate Again?

In most cases, it is in the best interest of justice for the jury to reach a unanimous decision based on their application of the law to the facts, as the judge instructed.

Judges value the significant time, costs, and effort that a trial represents. A new trial would require a new jury, along with more time and costs for the court and the attorneys.

Given what is at stake, the judge is likely to send jurors back to encourage careful, complete deliberation before any final decision. An initial decision that the jury is deadlocked does not always lead to a hung jury or a mistrial that may need to be retried.

Can the Judge Force Jurors To Reach a Verdict?

Criminal law does not allow a judge to compel jurors to vote a certain way or reach any verdict at all. The judge, however, may encourage continued discussion but must protect each juror’s independent judgment.

If the pressure a judge places on a jury to reach a decision amounts to coercion, it can lead to an appeal or a reversal of the result. The court must balance promoting agreement with preserving a fair, voluntary decision.

What Is a Dynamite Charge?

An Allen charge, also known as a dynamite charge, is a special instruction given to a deadlocked jury that encourages jurors to keep working toward a verdict while respecting their own convictions.

Some states use their own variations. In Massachusetts, for example, courts use the Tuey-Rodriguez charge, the Massachusetts equivalent, so you can present it as a state-specific version of the same tool.

Although reaching a unanimous verdict is the ultimate goal, an Allen charge asks jurors to reconsider their positions with an open mind, without abandoning honest beliefs. Courts use careful wording to avoid pressuring the minority to give in to the majority’s view. It’s a delicate balance.

How Long Can a Jury Deliberate Before the Judge Gives Up?

When it comes to deliberations, there is no “typical” timeline. Deliberation length varies widely from case to case. Various factors that influence the length of deliberations can include:

• The complexity of the case
• The volume of evidence involved in the criminal case
• The number of separate charges or criminal counts

The judge uses their discernment to determine when jurors remain deadlocked and when to declare a mistrial. A true deadlock with a holdout juror can end in a mistrial rather than a forced verdict.

A mistrial does not mean the defendant was acquitted, and an acquittal can occur through a not-guilty verdict or a judge’s ruling that the evidence is legally insufficient. Instead, the prosecution may decide whether to pursue a retrial.

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Sending a deadlocked jury back for more deliberations is not a decision taken lightly, given the resources that go into a trial. A true deadlock can end in a mistrial rather than a forced verdict.

You don’t have to go through a criminal trial alone. Use the Super Lawyers directory to locate an experienced criminal defense attorney in your area for legal guidance. They can handle all aspects of your case.