Alaska Criminal Pattern Jury Instruction 1.55A

I have received a note from the foreperson indicating that the jury is essentially deadlocked and unable to reach a unanimous verdict. I am going to give you some additional comments regarding this note, and then I will re-read a portion of the instructions. Nothing that I say during these remarks should be taken to suggest that you must deliberate until you reach a verdict or to pressure any of you to conform to what others think.

I understand that deliberation can be stressful and difficult. However, I do not think that I should discharge you at this time. You have been deliberating just [insert amount of time]. I think it is too early for me to determine that you are unable to reach a verdict in this case. Both parties have an interest in a resolution of the issues in this case. So I am going to restate and expand upon a couple of the instructions I gave you.

It is your duty, and you have taken an oath to try to fulfill this duty as jurors, to consult with one another and to deliberate with a view toward reaching an agreement if you can do so without sacrificing your individual judgment. You must each decide the case for yourself, but only after an impartial consideration of the evidence in the case with your fellow jurors. In the course of your deliberations, do not hesitate to reexamine your own views and change your opinion if you are convinced it is erroneous. But do not surrender your honest belief as to the weight or effect of the evidence solely because of the opinions of your fellow jurors or for the mere purpose of returning a verdict. You should act upon your own judgment concerning the evidence in this case, but all of you should listen to each other with open minds. Each of you should consider whether your views are fair and reasonable and try your best to reach a verdict according to my instructions. Remember, you are not partisans or advocates, you are judges of the facts.