Jury Questions & Recharge

Once the jury has begun its deliberations it may submit questions through the baliff to the judge. These questions may ask for additional evidence which they have discovered they did not have or seek clarification on the law. Any answers to the questions must be given in open court with the defendant and his lawyer present. Perkins v. State, 288 Ga. 810 (2011); Morris v. State, 257 Ga. 781 (1988). The judge can allow the jury to read a transcript of testimony, but the review of the transcript should take place in the courtroom. Shank v. State, 290 Ga. 844 (2012); Gaither v. State, 312 Ga. App. 53 (2011); Watkins v. State, 273 Ga. 307 (2001). The jury may ask to rehear evidence. The judge may allow the jury to rehear recorded evidence as long as it is done in open court. McNear v. State,326 Ga. App. 32 (2014). 

 

Sometimes during jury deliberations the jury will ask for additional instructions on the law. When the judge gives further instructions it is called a recharge. The judge may recharge the jury in full, or only upon the point or points requested. Terry v. State, 291 Ga. 508 (2012); Davis v. State, 287 Ga. 173 (2010); 

Howard v. State, 288 Ga. 741 (2011); Ross v. State, 288 Ga. 741 (2011). The need and scope of additional instructions is left to the sound discretion of the judge. O.C.G.A. § 5-5-24; Tiegreen v. Satte, 314 Ga. App. 860 (2012); Wilcox v. State, 297 Ga. App. 201 (2009). It is not error for the judge to limit the recharge to the specific point requested by the jury. Harrelson v. State, 312 Ga. App. 710 (2011); Luker v. State, 291 Ga. App. 434 (2008). The judge may recharge the jury with instructions that were not requested by the jury. The judge may also give instructions that it did not give in the original jury charge. Dukes v. State, 290 Ga. 486 (2012) ; Miner v. State, 268 Ga. 67 (1997). 

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