Good info thanks. Those jury instructions seem to recommend the jury NOT taking a vote right away amongst themselves but rather going thru all the evidence then doing so.
>> Those jury instructions seem to recommend the jury NOT taking a vote right away amongst themselves
Not necessarily, because I don’t think those deadlock instructions are given to the jury UNLESS the jury informs the judge that they are, or believe themselves to be, deadlocked. Before that point, they’re free to figure out their procedure themselves (within the guidelines of the jury instructions).
I imagine that what happens is they pass a note to the bailiff “we can’t make our minds up”. If it’s after, say, an hour, I bet she doesn’t even acknowledge it — or else she just sends back written instructions to keep deliberating.
At some point, if deadlock persists, at the judge’s discretion I suppose they are brought back into the courtroom and this little ditty is read to them. Then they go back to their room and give it one last shot and if they can’t make a verdict, the judge declares mistrial.
But IANAL and all that, so your guess is as good as mine.