AND POLLING JURY
Ms./Mr. Foreperson, please rise.
Ms./Mr. Foreperson, has this jury
agreed upon a verdict?
Ms./Mr. Foreperson, is that verdict
unanimous?
[THE VERDICT IS THEN RECEIVED AS TO EACH COUNT
AND EACH DEFENDANT]
Members of this jury, you have heard
the verdict as reported by your foreperson, the Court has ordered that each of
you now be polled as to your verdict. As
your juror number is called, please answer “yes” if the verdict(s) reported by
your foreperson is your verdict(s); please answer “no” if the verdict(s)
reported by your foreperson is not your verdict(s).[1]
[AT
THE CONCLUSION OF THE POLLING PROCESS, THE CLERK RECORDS THAT THIS VERDICT
[IS/IS NOT] UNANIMOUS.][2]
[1] See State v. Milton, 178 N.J.
421 (2004). Poll is intended to
determine the vote of each juror and whether each juror still assents to the
verdict. The Court in Milton
found that “Because the primary purpose of the poll is to reveal coerced
decisions, a trial court faced with an uncertain or hesitant juror must elicit
a clear response by using measures that afford the juror an opportunity to
express freely his or her present state of mind about the verdict.” Id. at 438.
[2] If the poll discloses
that there is not unanimous concurrence, the jury may be directed to retire for
further deliberations or be discharged. Rule
1:8-10.
