(1) If a jury reports to a court that it is unable to reach a verdict and the court determines further deliberations may be useful, the court shall not give any instruction regarding the desirability of reaching a verdict other than one which contains only the following elements:
(a) in order to return a verdict, each juror must
agree to that verdict;
(b) 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; (c) each juror must decide the case, but only after an impartial consideration of the evidence with the other jurors; (d) in the course of deliberations, a juror should not hesitate to reexamine his or her own views and change his or her opinion if convinced it is erroneous; and (e) no juror should surrender his or her honest conviction as to the weight or effect of the evidence solely because of the opinion of other jurors, or for the mere purpose of returning a verdict. (2) The Court shall not poll the jury before a verdict is returned.
Ky. R. Crim. P. RCr 9.57
Amended by Order 98-3, eff. 3-1-99; prior amendment eff. 1-1-99 (Order 98-2); adopted by Order 92-1, eff. 8-1-92
