Unsere Referenzen

Proper maintenance by defence counsel is crucial if the alleged coercion of the court of first instance is to be subject to review. The lawyer should object in due course if the specter of coercion envelops a jury in deadlock, if the error in the appeal is to be exorcised. Q: Stranded jurors pose a formidable dilemma for trial judges and lawyers who hope to avoid costly new trials and not get bogged down in a quagmire of lengthy deliberations. The main danger that the jury blockade poses to the negligent trial judge is the possibility of a reversal of the appeal due to the perception of judicial coercion. The hidden danger of conservation failure threatens the same premonition for inattentive litigants. Since Allen, almost every state has implemented a version of a stalemate. These Allen indictments promote the economy of justice by reducing the likelihood that an initially suspended jury will need a trial.11 The Allen indictment, contained in Florida Standard Jury Instruction 3.06, provides the following: As the previous discussion makes clear, avoiding the appearance of coercion is the primary consideration for the trial judge when an impasse between jurors occurs during deliberations. Case law shows that a trial judge who wants to avoid a reversal of the appeal has three options in an impasse jury: 1) declare a bad trial; 2) Read verbatim 3.06; or (3) be absolutely certain that any amended Allen indictment contains the specific statement that no juror should renounce his or her „conscientious beliefs“30 and that „it is acceptable to him to disagree and not to pass judgment.“ 31 In short, it is for a court of first instance to refrain from any act liable to give rise to a perception of coercion. This stalemate order was first issued by the Florida Supreme Court in State v.

Bryan, 290 So. 2d 482 (Fla. 1974). A suspended jury, also known as a dead-end jury, is a judicial jury that cannot agree on a verdict after lengthy deliberation and is unable to achieve the required unanimity or super-majority. Some jurisdictions allow the court to give the jury a so-called Allen indictment, which invites dissenting jurors to reconsider their opinions to prevent the jury from hanging. The Federal Code of Criminal Procedure states: „The verdict must be unanimous … If there are multiple defendants, the jury may render a verdict on any defendant it has agreed upon at any time during its deliberations. If the jury cannot agree on all of an accused`s charges, it may decide on the charges it has agreed upon.

If the jury is unable to agree on one or more charges, the court may declare a miscarriage on those charges. A suspended jury does not imply the guilt or innocence of the accused. The government can put any defendant on trial on any charge that the jury could not agree on. [10] I have only one request from you. Law, I cannot ask you to do that, but I want you to go back to the jury room. Then, take turns talking to each of the other judges about each weakness in your own position. You should not interrupt or comment on each other`s views until each of you has had a chance to speak. .