Chapter 19 - § 19.10 • ALLEN INSTRUCTION (DEADLOCKED JURY)

• Jurisdiction: Colorado

§ 19.10 • ALLEN INSTRUCTION (DEADLOCKED JURY)

Colorado

➢ General; Trial Court Discretion. Where "it appears that a jury has been unable to agree, the trial court may in its discretion require the jury to continue its deliberations after properly instructing it, or, if it appears that there is no reasonable probability of agreement, may discharge the jury." Colorado Supreme Court Order, reported in 1 Colo. Law. 185 (Feb. 1972); see CJI-Civ. 4:3 (CLE ed. 2016) ("Instruction When Jury Appears Deadlocked or Deliberations Are Unusually Prolonged"). See also Allen v. People, 660 P.2d 896, 898 (Colo. 1983) (when a jury is deadlocked, the court may provide an instruction informing the jury that it should attempt to reach a unanimous verdict; the purpose of this instruction is to encourage jurors to reach a verdict without coercing them into doing so).
➢ General; Trial Court Discretion. The trial court, in its discretion, may determine whether to discharge the jury or to direct it to deliberate further, after learning that the jury is not unanimous. Neil v. Espinoza, 747 P.2d 1257, 1260 (Colo. 1987); People v. Schwartz, 678 P.2d 1000, 1012 (Colo. 1984); Ford v. Board of County Comm'rs, 677 P.2d 358, 361-62 (Colo. App. 1983).

➢ Modified Allen Instruction. After receiving information that a jury cannot agree on a verdict, a trial court may not give any potentially coercive instruction; but, in its discretion, the trial court may give a "modified Allen" instruction informing the jurors as follows: (1) jurors have a duty to consult with one another and to deliberate with a view to reaching an agreement if it can be done without violence to individual judgment; (2) each juror must decide the case for himself or herself but only after impartial consideration with fellow jurors; (3) in the course of deliberation, a juror should not hesitate to reexamine his or her own views and to change an opinion if convinced that it is erroneous; and (4) no juror should surrender an honest conviction as to the weight and effect of the acts solely because of the opinion of fellow jurors or for the mere purpose of returning a verdict. Luster v. Brinkman, 205 P.3d 410 (Colo. App. 2008); People v. Watson, 53 P.3d 707, 713 (Colo. App. 2001). In rare circumstances, such as where the jury has actually indicated a mistaken belief in indefinite deliberation, the trial court may issue an additional instruction informing the

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