Article

JURY INSTRUCTIONS REGARDING DEADLOCK IN CAPITAL SENTENCING

By Laurie B. Berberich / Hofstra Law Review, on 1 January 2001


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Questions regarding the jury’s inability to reach a unanimous decision are often asked of judges and similar uninformative responses are generally given. Is ignoringjuror concerns the proper method for handling jury inquiries about the result of juror non-unanimity in capital sentencing? Or should courts inform capital juries up-front of the consequences of their failure to reach a unanimous verdict?

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