supplemental jury instruction in Illinois

2019Therefore, I would decline. 1 The “Prim instruction” refers to a supplemental jury instruction set out in People v. Prim, 53 Ill. 2d 62, 75-76 (1972). -7- MR.

2007Prim Instruction Defendant next contends that he was denied a fair trial because the circuit court never responded to any of the jury’s notes indicating deadlock with the supplemental jury instruction recommended by our supreme court in People v. Prim, 53 Ill. 2d 62 (1972). 5 The State first counters that we should not review the issue because defendant waived it through failing to request the instruction during the conferences between court and counsel that occurred following each time the jury contacted the court, and because of defendant’s failure to include the claim in his posttrial motio

2020See Blueford v. Arkansas, 566 U.S. 599, 609 (2012) (“We have never required a trial court, before declaring a mistrial because of a hung jury, to consider any particular means of breaking the impasse ***.”); Lett, 559 U.S. at 775 (a trial judge is not constitutionally obligated, before declaring a mistrial based on jury deadlock, to require the jury to deliberate for a minimum period of time or to issue a supplemental jury instruction); People v. Cowan, 105 Ill. 2d 324, 328 (1985) (no obligation to give the Prim instruction). -9- ¶ 46 It is within the trial court’s discretion whether to give t

2019See Blueford v. Arkansas, 566 U.S. 599, 609 (2012) (“We have never required a trial court, before declaring a mistrial because of a hung jury, to consider any particular means of breaking the impasse ***.”); Lett, 559 U.S. at 775 (a trial judge is not constitutionally obligated, before declaring a mistrial based on jury deadlock, to require the jury to deliberate for a minimum period of time or to issue a supplemental jury instruction); People v. Cowan, 105 Ill. 2d 324, 328 (1985) (no obligation to give the Prim instruction). ¶ 46 It is within the trial court’s discretion whether to give that

2020See Blueford v. Arkansas, 566 U.S. 599, 609 (2012) (“We have never required a trial court, before declaring a mistrial because of a hung jury, to consider any particular means of breaking the impasse ***.”); Lett, 559 U.S. at 775 (a trial judge is not constitutionally obligated, before declaring a mistrial based on jury deadlock, to require the jury to deliberate for a minimum period of time or to issue a supplemental jury instruction); People v. Cowan, 105 Ill. 2d 324, 328 (1985) (no obligation to give the Prim instruction). -9- ¶ 46 It is within the trial court’s discretion whether to give t

2019See Blueford v. Arkansas, 566 U.S. 599, 609 (2012) (“We have never required a trial court, before declaring a mistrial because of a hung jury, to consider any particular means of breaking the impasse ***.”); Lett, 559 U.S. at 775 (a trial judge is not constitutionally obligated, before declaring a mistrial based on jury deadlock, to require the jury to deliberate for a minimum period of time or to issue a supplemental jury instruction); People v. Cowan, 105 Ill. 2d 324, 328 (1985) (no obligation to give the Prim instruction). ¶ 46 It is within the trial court’s discretion whether to give that

2020See Blueford v. Arkansas, 566 U.S. 599, 609 (2012) (“We have never required a trial court, before declaring a mistrial because of a hung jury, to consider any particular means of breaking the impasse ***.”); Lett, 559 U.S. at 775 (a trial judge is not constitutionally obligated, before declaring a mistrial based on jury deadlock, to require the jury to deliberate for a minimum period of time or to issue a supplemental jury instruction); People v. Cowan, 105 Ill. 2d 324, 328 (1985) (no obligation to give the Prim instruction). -9- ¶ 46 It is within the trial court’s discretion whether to give t

2019See Blueford v. Arkansas, 566 U.S. 599, 609 (2012) (“We have never required a trial court, before declaring a mistrial because of a hung jury, to consider any particular means of breaking the impasse ***.”); Lett, 559 U.S. at 775 (a trial judge is not constitutionally obligated, before declaring a mistrial based on jury deadlock, to require the jury to deliberate for a minimum period of time or to issue a supplemental jury instruction); People v. Cowan, 105 Ill. 2d 324, 328 (1985) (no obligation to give the Prim instruction). ¶ 46 It is within the trial court’s discretion whether to give that

2019People v. Enoch, 122 Ill. 2d 176, 190 (1988).

2009Watkins, 293 Ill.

2009App. 3d 496, 507 , 688 N.E.2d 798, 805-06 (1997), the court held that “it may be improper for a court to issue supplemental instructions urging deadlocked jurors to reach a unanimous verdict after the court becomes aware that a majority of jurors favor conviction.” The reason is that a supplemental jury instruction may have a coercive effect upon the minority juror and might lead the minority juror to believe the judge agrees with the majority.