A trial judge who embarks on an exhortation to a jury having difficulty reaching a verdict must avoid references to personal inconvenience, the expense and disruption of a retrial, expressions of surprise or impatience at the length of deliberation, and any suggestion that the time has arrived for minority jurors to fall into line with the majority. Where a jury reports deadlock after prolonged deliberation late at night, the judge should call a halt by either discharging the jury or retiring them for the night, rather than sending them back for further deliberation. Express instructions that jurors should not feel pressured may reduce but do not eliminate the danger created by impermissible comments.
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