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WPIC 4.81 Deadlocked Jury

11 WAPRAC WPIC 4.81Washington Practice Series TMWashington Pattern Jury Instructions--Criminal

11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 4.81 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Washington State Supreme Court Committee on Jury Instructions
Part I. General Instructions
WPIC CHAPTER 4.80. Deadlocked Jury
WPIC 4.81 Deadlocked Jury
(The judge may use WPIC 4.70 (Probability of Verdict) when asking if the jurors have reached a verdict, but great care should be taken as to any further instructions. The judge must not suggest a need for agreement, discuss the consequences of failing to reach an agreement, or indicate the length of time the jurors will be required to deliberate.)
WPIC 4.70 (Probability of Verdict) is the oral instruction to be used when asking the jury whether or not it can arrive at a verdict. Any further instructions must be carefully reviewed to ensure compliance with CrR 6.15(f)(2). See Comment below.
CrR 6.15(f)(2) prohibits any instruction to a jury, after deliberations have begun, that suggests the need for agreement, the consequences of no agreement, or the length of time a jury will be required to deliberate. However, CrR 6.15(f)(2) does not completely prohibit the court from giving new instructions to a deadlocked jury. Under some circumstances, supplemental instructions are permitted. See State v. Watkins, 99 Wn.2d 166, 660 P.2d 1117 (1983).
For further discussion of issues relating to furnishing deliberating jurors with additional or corrected instructions of law, see the Comments to WPIC 4.68 (Additional Instructions of Law) and WPIC 4.68.01 (Changed Instruction of Law).
For further discussion of issues relating to apparently deadlocked jurors, see the Comment to WPIC 4.70 (Probability of Verdict). The law relating to deadlocked juries is covered in detail in Ferguson, 13 Washington Practice, Criminal Practice and Procedure, section 4611 (3d ed.).
[Current as of May 2019.]
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