What is the effect of having to have a post-instruction discussion with a jury after receiving an instruction that the jury should consider whether or not to agree to consider a motion of no coercion?
MultiRegion, United States of America
The following excerpt is from United States v. Vargas-Cordon, No. 11-5165-cr (2nd Cir. 2013):
Trial Tr. at 465. The jury deliberated for some four hours after receiving this instructionfour times as long as it deliberated before receiving it. Such lengthy post-instruction discussion "strongly indicates" a lack of coercion. Spears, 459 F.3d at 207 (quoting United States v. Fermin, 32 F.3d 674, 680 (2d Cir. 1994)).
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