A question for those more knowledgeable about trials than I - at what point (how much time) of no verdict reached would the judge attempt to poll the jury to see the split and either allow more time or declare a hung jury?
>> at what point (how much time) of no verdict reached would the judge attempt to poll the jury to see the split and either allow more time or declare a hung jury?
This doesn’t directly answer your good question — I think the judge has wide latitude but that’s JMO.
For what it’s worth, here is what the official FLORIDA STANDARD JURY INSTRUCTIONS says about jury deadlock:
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4.1 JURY DEADLOCK
I know that all of you have worked hard to try to find a verdict in this case. It apparently has been impossible for you so far. Sometimes an early vote before discussion can make it hard to reach an agreement about the case later. The vote, not the discussion, might make it hard to see all sides of the case.
We are all aware that it is legally permissible for a jury to disagree. There are two things a jury can lawfully do: agree on a verdict or disagree on what the facts of the case may truly be.
There is nothing to disagree about on the law. The law is as I told you. If you have any disagreements about the law, I should clear them up for you now. That should be my problem, not yours.
If you disagree over what you believe the evidence showed, then only you can resolve that conflict, if it is to be resolved.
I have only one request of you. By law, I cannot demand this of you, but I want you to go back into the jury room. Then, taking turns, tell each of the other jurors about any weakness of your own position. You should not interrupt each other or comment on each other’s views until each of you has had a chance to talk. After you have done that, if you simply cannot reach a verdict, then return to the courtroom and I will declare this case mistried, and will discharge you with my sincere appreciation for your services.
You may now retire to continue with your deliberations.
Delayed response here, got caught in the earlier posting problems.
The jury runs the show. It’s up to them to come to the judge and say “we’ll can’t agree”. Until then, they set their own schedule (within reason), and can talk until Sanford freezes over.
If they do return, usually the judge will read them an instruction that says, “try harder” and send them out again. If they come back and say, “No, see... we really can’t agree”, the judge will excuse them and declare a mistrial.