OUJI-CR 4-83

DEATH PENALTY PROCEEDINGS - DEADLOCKED JURY

If on further deliberation you are unable to agree unanimously as to punishment, I shall discharge you and impose a sentence of imprisonment for life without the possibility of parole or imprisonment for life with the possibility of parole.

Notes on Use

If the jury is unable to reach a verdict within a reasonable time, the judge shall discharge the jury and impose a sentence of imprisonment for life without parole or imprisonment for life. 21 O.S. 1991, § 701.11.  This instruction may be used if the jury is unable to reach a verdict within a reasonable time.  The Oklahoma Court of Criminal Appeals has determined that whether the jury should be told what the judge would do if the jury did not reach a verdict is a matter for the trial court's discretion. Ellis v. State, 867 P.2d 1289, 1301 (Okl. Cr. 1992). See also Malone v. State, 876 P.2d 707, 713 (Okl. Cr. 1994) ("[S]uch an instruction is improper because it invites the jury to avoid its difficult duty to pass sentence on the life of an accused."); Boltz v. State, 806 P.2d 1117, 1125 (Okl. Cr. 1991) (affirming death penalty where jury was not instructed that the judge would impose a life sentence if the jury did not reach a unanimous decision); Fox v. State, 779 P.2d 562, 574 (Okl. Cr. 1989) ("Such an instruction could improperly distract the jury from performing its duty of assessing the sentence.").

If the jury is unable to reach a verdict within a reasonable time, the judge shall discharge the jury and impose a sentence of imprisonment for life without parole or imprisonment for life. 21 O.S. 1991, § 701.11. This instruction should be used only after the judge has decided that the jury in a capital case is deadlocked on the issue of punishment. Hooks v. State, 2001 OK CR 1, ¶¶ 30-31, 19 P.3d 294, 311-12. 

(2003 Supp.)