R.I. Super. Ct. R. Crim. P. 31

As amended through June 7, 2024

Rule 31 - Verdict.

(a)Return. The verdict shall be unanimous. It shall be returned by the jury to the trial justice in open court.

(b)Several Defendants. If there are two (2) or more defendants, the jury at any time during its deliberations may return a verdict or verdicts with respect to a defendant or defendants as to whom the jury has agreed; if the jury cannot agree with respect to all, the defendant or defendants as to whom the jury does not agree may be tried again.

(c)Conviction of a Lesser Included Offense. The defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein if the attempt is an offense.

(d)Poll of Jury. When a verdict is returned and before the jury is discharged the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not unanimous concurrence, the jury may be directed to retire for further deliberations or, if circumstances warrant, the jury may be discharged.

(e) Special Verdict: Insanity. If a defendant raises the defense of insanity and evidence thereof is presented at the trial, the jury, if it finds the defendant not guilty on that ground, shall declare that fact in its verdict.

R.I. Super. Ct. R. Crim. P. 31

Last amended by Order dated June 22, 2017, effective 9/5/2017.

1972 Notes

Subdivision (a) is the same as its federal counterpart and reflects existing Rhode Island law as to the requirement of unanimity. See State v. Harris, 89 R.I. 202, 207, 152 A.2d 106, 109 (1959); Cf. Advisory Opinion to the Senate, 108 R.I. 628, 278 A.2d 852 (1971).

Subdivision (b) is the same as its federal counterpart. There are not however, any corresponding Rhode Island statutes or decisions on a this question. Under the rule, "the jury, at any time during its deliberations, may return one or more verdicts on those counts or defendants on which it is agreed. It may then retire again and resume its deliberations about the remaining charges." 2 Wright, Federal Practice and Procedure, p. 368 (1969).

Subdivision (c) is the same as its federal counterpart and is basically the same as G.L.1956 (1969 Reenactment), § 12-17-14 which permits a finding of guilty on a "lower offense" or "attempt." See also G.L.1956 (1969 Reenactment), § 11-23-1 (degrees of murder).

Subdivision (d) is principally the same as its federal counterpart. Under this provision polling the jury will be mandatory if requested by a party. Under existing Rhode Island practice the decision whether to poll the jury has been in the trial judge's discretion. State v. Sousa, 43 R.I. 176, 177, 110 A. 603, 604 (1920).

The second sentence of this subdivision has been modified to convey to the trial judge the double jeopardy implications which inhere in declaring a mistrial where the jury has reported inability to reach a verdict. To assure a right of retrial where the defendant does not consent to entry of mistrial, the trial judge should satisfy himself that the jury is hopelessly deadlocked and that a verdict is not possible. See United States v. Perez, 22 U.S. (9 Wheat) 579, 6 L.Ed. 165 (1924); Wade v. Hunter, 336 U.S. 684, 689, 690, 69 S.Ct. 834, 837, 93 L.Ed. 974 (1949); cf. Marienfeld v. United States, 214 F.2d 632, 638 (8th Cir.1954).

Subdivision (e) is not contained in the federal rule. It continues existing Rhode Island procedure under which a jury, when it acquits because of insanity, is required to advise the court of that fact; thereupon the defendant may be committed, pursuant to warrant of the Governor, to an institution for the criminally insane. G.L.1956 (1968 Reenactment), § 26-4-7.