MS · rules
Miss. R. Crim. P. 24.5
Jury Poll
After a verdict is returned, but before the jury is discharged, the court shall on
a party’s request, or may on its own, poll the jurors individually. If the poll
reveals a lack of unanimity, the court may direct the jury to deliberate further or
may declare a mistrial and discharge the jury.
History
Comment: Under Rule 24.5, a jury poll is mandatory on the request of either party. Its purpose is to determine with certainty that “each of the jurors approves of the verdict as returned; that no one has been coerced or induced to sign a verdict to which he does not fully assent.” Humphries v. District of Columbia, 174 U.S. 190, 194, 19 S. Ct. 637, 638-39, 43 L. Ed. 944 (1899). Failure to poll the jury at the request of the defendant is reversible error. See McLarty v. State, 842 So. 2d 590 (Miss. Ct. App. 2003); State v. Taylor, 544 So. 2d 1387, 1389 (Miss. 1989). This Rule discourages post-trial efforts to challenge the verdict on allegations of coercion on the part of some of the jurors.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
f9d6fa4af8751427fb3d3343579614ed3e325cc1fc1080b7f6f7664ef1284bdc
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