Washington State Jury Commission

Appendix 7: Instruction for Jury at Impasse

(For Recommendation 41)

Sample Instruction Offering Assistance to a Jury at an Impasse *

This instruction is offered to help you make a decision, not to force you to reach a verdict or to suggest what your verdict should be.

It may be helpful for you to identify areas of agreement and areas of disagreement. You may then wish to discuss the law and the evidence as they relate to areas of disagreement.

If you still disagree, you may identify any questions about the evidence, the instructions of law, or the deliberation process with which you would like assistance. If you choose this option, please list your questions in writing. The court will determine whether further assistance might help you reach a verdict.

______________________________

* Adapted from an instruction appearing in a law review article written by Judge Michael Dann of Maricopa County Superior Court in Phoenix, Arizona. B. Michael Dann, "'Learning Lessons' and 'Speaking Rights': Creating Educated and Democratic Juries," 68 Ind. L. J. 1229, 1277 (1993.)