Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT / CHAPTER 3. Conduct of the Jury After the Cause Is Submitted to Them
California Codes

Cal. Penal Code § 1140 (2026)

Conduct of the Jury After the Cause Is Submitted to Them

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Except as provided by law, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, unless by consent of both parties, entered upon the minutes, or unless, at the expiration of such time as the court may deem proper, it satisfactorily appears that there is no reasonable probability that the jury can agree.

Notes of Decisions
Cited in 39 cases (5 in the last 5 years), 1962–2025 · leading case: People v. Rodriguez, 726 P.2d 113 (Cal. 1986).
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People v. Rodriguez, 726 P.2d 113 (Cal. 1986). · cites it 2× “' (Pen. Code, § 1140.)" (68 Cal.2d at p. 815.”
People v. Gainer, 566 P.2d 997 (Cal. 1977). · cites it 2× “' (Pen. Code, § 1140.) [¶] The discharge of this responsibility necessarily requires that the court, in cases where the jury has been unable to reach agreement, make the indicated determination of `reasonable probability' and, in cases where in accordance with sound legal…”
People v. Proctor, 842 P.2d 1100 (Cal. 1992). · cites it 2× “' (Pen. Code, § 1140.)" ( People v. Carter (1968) 68 Cal.”
Stanley v. Superior Court, 206 Cal. App. 4th 265 (Cal. Ct. App. 2012). · cites it 2× “30 Division One of the Second District Court of Appeal stated, “Contrary to the People’s characterization, defense counsel’s remarks and subsequent silence when invited to object do not clearly evidence consent; there simply is no qualitative difference between the circumstances…”
Curry v. Superior Court, 470 P.2d 345 (Cal. 1970). · cites it 2× “In these circumstances, petitioners' simple request for an admonition on an evidentiary matter cannot be magnified into a waiver of their constitutional protection against double jeopardy. (3b) Secondly, there was no "legal necessity" — as that concept has been limited in our…”
State v. Bell, 931 A.2d 198 (Conn. 2007). “See Cal. Penal Code § 1140 (Deering 1993), as amended by c.”
People v. Compton, 490 P.2d 537 (Cal. 1971). · cites it 2× “" (Pen. Code, § 1140.) That discretion is broader than the court's discretion under sections 1089 and 1123, but it nonetheless must be exercised in accordance with established legal rules and is fully subject to appellate review.”
People v. Griffin, 426 P.2d 507 (Cal. 1967). · cites it 2× “Const., art. I, § 13; Pen. Code, § 1023.) The jury at the second trial was discharged after failing to reach a unanimous verdict, and a mistrial was declared.”
People v. Medina, 107 Cal. App. 3d 364 (Cal. Ct. App. 1980). · cites it 2× “] Penal Code section 1140 provides: ‘Except as provided by law, the jury cannot be discharged after the cause is submitted to them until they have agreed upon their verdict and rendered it in open court, unless by consent of both parties, entered upon the minutes, or unless, at…”
People v. Doolittle, 23 Cal. App. 3d 14 (Cal. Ct. App. 1972). · cites it 2× “, that there is no reasonable probability a jury can resolve its differences and render a verdict], in each instance, rests in the sound discretion of the trial judge, exercisable on reference to and consideration of all factors before him [citations] .”
People v. Dixon, 592 P.2d 752 (Cal. 1979). “6 If it had intended to convey the latter meaning as well, we think it clear that it would have at the same time undertaken an appropriate alteration of the mistrial provisions (Pen. Code, §§ 1140, 1141), which of course it did not do.”
Paulson v. Superior Court, 372 P.2d 641 (Cal. 1962). “” (Pen. Code, § 1140; People v. Smalling, 94 Cal.”
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