The Menendez Murders: Episode 7

💡 Did You Know?

After the jury attempted to declare a deadlock, Judge Weisberg ordered them to continue deliberating without giving defense council a chance to question the jury, Leslies correctly objects that he can't give the jury instructions without council first asking the jury for their current votes. This is called polling the jury, each time the jury assembles in court during deliberations to ask the judge for additional instructions, or for clarification on an issue, or to ask for a portion of the transcript to be read back, or to give a report on their progress, both the prosecution and defense council have the right to poll the jury and ask them how many (using this case) are voting for first degree murder, how many for voluntary manslaughter, how many for acquittal, or if any other charges are being considered; additionally the accused, and their lawyer, has a constitutional right to poll the jury during deliberations and after the verdict. There are several reasons for jury polling, when done during deliberations knowing which direction the jury is leaning can help the prosecution decide to offer a plea deal if the jury is leaning towards convicting on a lesser charge or possibility acquitting, and allow the accused to better decide on accepting or declining a plea offer. Polling the jury in open court, especially after a verdict has been rendered, allows the judge to be certain that everyone's vote was freely and willingly made by them, ensuring that the verdict is truly unanimous. As seen here sometimes a juror can be pressured or bullied into changing their vote simply because other jurors are tried and want to go home. After the verdict has been read, if the defense or prosecution asks to poll the jury, the judge will ask them if this "was and is their true verdict", if everyone agrees the judge will then ask each juror individually to state their vote aloud. Sometimes a juror who was pressured into changing their vote will change their mind when asked in open court and say so; if this happens the judge will ask that juror, and council from both sides, to join the judge in chambers. The judge will then question the juror and ask if it was just a single juror, or if it was multiple jurors that pressured them, if it was just a single juror the judge will instruct that juror to cease their intimidation or face criminal charges and send the jury back to deliberate further (unless council objects); if multiple jurors were responsible the judge will be forced to declare a mistrial.