Instruction Options as to Juror's Duties

(a)Before the jury retires for deliberation, the court may give an instruction which informs the jury:

(1)that in order to return a verdict, each juror must agree thereto;

(2)that 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;

(3)that each juror must decide the case for himself, but only after an impartial consideration of the evidence with his fellow jurors;

(4)that in the course of deliberations, a juror should not hesitate to reexamine his own views and change his opinion if convinced it is erroneous; and

(5)that no juror should surrender his honest conviction as to the weight or effect of the evidence solely because of the opinion of his fellow jurors, or for the mere purpose of returning a verdict.

(b)If it appears to the court that the jury has been unable to agree, the court may require the jury to continue their deliberations and may give or repeat an instruction as provided in Subsection (a). The court shall not require or threaten to require the jury to deliberate for an unreasonable length of time or for unreasonable intervals and shall not inquire as to the division of the jury. COL120106 CH. 105 CONDUCT OF JURY AFTER SUBMISSION OF C ASE: VERDICT OR F INDING

(c)The jury may be discharged without having agreed upon a verdict if it appears that there is no reasonable probability of agreement.