context: For example, in opinions also cited in Lowenfield, the Courts of Appeals for the First and Eighth Circuits established rules requiring deadlock instructions to direct both the minority and the majority to reconsider their views, to include an explanation that the jury may remain deadlocked and to remind the jury to apply the reasonable doubt standard. Since Lowenfield, both of these courts have reversed convictions because the district court failed to address each of the required points.
citation_a.signal: see also
citation_a.identifier: 135 F.3d 193, 197-98
citation_a.parenthetical: stating three elements that must be present in supplemental charge and affirming district court's order granting defendant a new trial because the court failed to convey adequately the second element of the charge, i.e., that "a jury has the right to fail to agree"
citation_a.sentence: See United States v. Manning, 79 F.3d 212, 222 (1st Cir.1996); United States v. Robinson, 953 F.2d 433, 436 (8th Cir.1992) (considering both the content of the instruction and its probable effect); see also United States v. Paniagua-Ramos, 135 F.3d 193, 197-98 (1st Cir.1998) (stating three elements that must be present in supplemental charge and affirming district court's order granting defendant a new trial because the court failed to convey adequately the second element of the charge, i.e., that "a jury has the right to fail to agree”).
citation_b.signal: see
citation_b.identifier: 953 F.2d 433, 436
citation_b.parenthetical: considering both the content of the instruction and its probable effect
citation_b.sentence: See United States v. Manning, 79 F.3d 212, 222 (1st Cir.1996); United States v. Robinson, 953 F.2d 433, 436 (8th Cir.1992) (considering both the content of the instruction and its probable effect); see also United States v. Paniagua-Ramos, 135 F.3d 193, 197-98 (1st Cir.1998) (stating three elements that must be present in supplemental charge and affirming district court's order granting defendant a new trial because the court failed to convey adequately the second element of the charge, i.e., that "a jury has the right to fail to agree”).