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Miss. R. Crim. P. 23.4

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Rule 23.4 Assisting Jurors at Impasse

Part 23: Deliberations

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Rule Text

If it appears to the court that the jury has reached an impasse in its deliberations, the court may, in the presence of counsel, make inquiry of the jury and require the jury to continue their deliberations, with an appropriate instruction.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Here's a plain English summary:

When a jury gets stuck and can't agree during deliberations, the judge can step in to help. The judge will check in with the jury to see what's going on, but this must happen with the lawyers from both sides present in the courtroom.

After talking with the jury, the judge can send them back to keep working on reaching a decision. The judge will usually give the jury some extra instructions or guidance to help them get past the disagreement and continue their discussion.

This rule gives judges a way to help jurors work through a deadlock instead of immediately giving up on the case. It also protects the fairness of the process by making sure both sides' lawyers are there to see how the judge handles the situation.

Committee Notes

Comment

Rule 23.4 is consistent with former Rule 3.10 of the Uniform Rules of Circuit and County Court. The Court has approved the following instruction to address the jurors’ report of impasse:

I know that it is possible for honest men and women to have honest different opinions about the facts of a case, but, if it is possible to reconcile your differences of opinion and decide this case, then you should do so.

Accordingly, I remind you that the court originally instructed you that the verdict of the jury must represent the considered judgment of each juror. It is your duty as jurors to consult with one another and to deliberate in view of reaching agreement if you can do so without violence to your individual judgment. Each of you must decide the case for yourself, but only after an impartial consideration of the evidence 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 convictions as to the weight or effect of the evidence solely because of the opinion of your fellow jurors or for the mere purpose of returning a verdict. Please continue your deliberations.

Sharplin v. State, 330 So. 2d 591 (Miss. 1976) (rejecting the various forms of the so-called Allen charge, per Allen v. United States, 164 U.S. 492, 17 S. Ct. 154, 41 L. Ed. 528 (1896)).

← Previous Rule 23.3: Additional Instructions; Further Review of Evidence Prohibited Next → Rule 23.5: Mistrials