Chapter 14 Instructions and Deliberation of the Jury

1. Chapter 14Instructions and Deliberation of the Jury • This chapter examines • Trial judge’s duties to instruct the jury • Allen charge • Duties of foreperson • Hung jury • Deliberations • Less than unanimous verdicts • Duties of prosecutor and defense in preparing jury instructions

2. Instructions to Jury • Also known as charging the jury • Responsibility of trial judge • Counsel submit recommended instructions • Failure to object to instructions may prevent counsel from assigning error on appeal

3. Comments by the Judge on the Evidence • Some states permit the trial judge to comment on the status of the evidence, others do not. • Improper for judge to indicate that he or she believes that the defendant is guilty. • Any comments by the judge must be directed to help the jury understand the instructions and the evidence.

4. Deliberations • Jury may not begin to deliberate until they have received instructions from the trial judge and retired to deliberation room. • Only jury members should be present in the room during deliberation. • Jury will select one of their own to act as foreperson • Jury may take with them to the deliberation room all evidence admitted into evidence. • States differ as to whether juror members may take their notes into the deliberation room.

5. Hung Jury • Jury can not reach a unanimous decision • If less than unanimous verdict required, the jury cannot get the required number of jurors to agree on the verdict • Defendant generally may be retried when the judge declares a hung jury • Allen charge to prevent a hung jury

6. Less-Than-Unanimous Verdicts • Apodaca v. Oregon approved less than unanimous verdicts in non-capital cases • Burch v. Louisiana—with a six person jury, verdict must be unanimous