¶1concurring:
¶2I concur in the majority opinion. I write only because I believe the majority ought not approve the jury instruction that it characterizes as an Allen charge. In my *862view, the instruction given provides too much leverage to a majority of jurors to exert undue pressure on the minority. This has the potential effect of distorting the deliberative process whereby jurors, through the free exchange of their individual views, reach a consensus through discussion, reason, and argument. Jury instructions should promote the deliberative process by encouraging the discussion of evidence and instructions. That process should not be sacrificed in the interest of reaching a quick group decision.
¶3I recognize that the instruction states that a juror is not to give up a “conscientious conclusion” after reaching such a conclusion. However, the instruction given at the beginning of deliberations weighs too heavily in favor of telling a juror to yield his or her conviction to the majority early on. In short, the instruction reinforces the opinion of the majority more than is appropriate, at least in the beginning of deliberations.
¶4Perhaps it is justifiable to give a true Allen charge after a lengthy trial in which the jury, after full discussion of the evidence over a protracted period, is unable to agree. My fear is that this instruction may have the effect of causing jurors who are initially in a minority to yield their convictions before there is a full airing of the evidence and of each juror’s views.
¶5I do not believe, however, that on the facts of this case, the instruction was prejudicial error.