[1] This charge presumes that the jury already has indicated
its deadlock and has been instructed about continuing deliberations. See Model Jury Charges, (Criminal),
Judge’s Instructions on Further Jury Deliberations (approved
1/14/13). It is the trial court’s
responsibility, in consultation with the parties, to determine when to inquire
of the jury if further deliberations would be fruitful. The trial judge may not impose a time limit
for further jury deliberations. State
v. Nelson, 304 N.J. Super. 561, 566 (App. Div. 1997).
[2] When a jury states that it cannot come to a unanimous
verdict, it is appropriate for a trial judge to ask whether the jury desires
more time to deliberate. State v.
Vergilio, 261 N.J. Super. 648, 655 (App. Div.) certif. denied,
133 N.J. 443 (1993). A trial
judge has discretion to require further deliberations after a jury has
announced a deadlock but may declare a mistrial after a reasonable period of
deliberations based upon the length and complexity of the trial. State v. Adim, 410 N.J. Super.
410, 423-24 (App Div. 2009). If the
jurors indicate that further deliberations would be futile, the court should
grant a mistrial. This would not prevent
a retrial. N.J.S.A. 2C:1-9d(2).
