Members of the jury, you have
indicated to the Court that you have reached a partial verdict.
I must instruct you that your
partial verdict(s) will be final, and not subject to reconsideration, even if
you continue deliberating on other count(s).
You have the option of returning
the partial verdict(s) now, which, as I have just instructed you, will be
final, or continuing deliberations on all the counts.[2]
I will give you an opportunity
to return to the jury room and discuss your decision among yourselves. Once you have made a decision, the foreperson
will write your decision down and hand it to the Sheriff’s Officer, who will,
in turn, hand it to me. Depending upon
your decision, I will then either bring you into the courtroom to take your
partial verdict(s) or allow you to continue your deliberations.
I remind you that if you decide
to render partial verdict(s), that verdict must be unanimous, in that all 12
deliberating jurors must agree on the partial verdict(s).
[1] R. 3:19-1(a) expressly permits a jury to deliver a
partial verdict with respect to either specific defendants or to specific
counts of a multi-count indictment. The
Rule, however, does not indicate whether a partial verdict may be delivered
before jury deliberations are concluded.
Because of the potential compromise to either a defendant’s or the
State’s interests and the risk of interfering with jury deliberations, in State
v. Shomo, 129 N.J. 248
(1992), the Supreme Court strongly discouraged routine use of partial verdicts. Nevertheless, the Court recognized that trial
courts have discretion to accept such verdicts if the defendant will not be
prejudiced. The Court articulated some circumstances
in which interim partial verdicts may be justified. Specifically, they are warranted when: (a)
the jury has deliberated at length; (b) the charges against the defendant are
rooted in unrelated facts; (c) the court is concerned that a juror might become
ill before deliberations end; (d) there is a risk of taint to the jury’s deliberations;
or (e) the State indicates it will dismiss the unresolved counts. Id.
at 257-58.
[2] If the jury decides to return partial verdict(s), the
verdict(s) must be announced in open court, the verdict(s) must be recorded
and, if requested, the jury polled. Id. at 259.
