RCr 7.26 – Polling the Jury in Kentucky Criminal Cases

Understanding RCr 7.26 – Polling the Jury

After a jury returns its verdict, each side has the right to request that the jury be polled. Under RCr 7.26, polling the jury means asking each juror individually whether the announced verdict is their verdict. This procedure ensures the verdict is truly unanimous and was not the product of coercion or confusion.

What the Rule Covers

Upon request by either party, the court must poll each juror individually. Each juror is asked whether the verdict as read is their individual verdict. If all jurors affirm, the verdict is recorded. If any juror indicates the verdict is not theirs, the court may direct the jury to return for further deliberation or discharge the jury (resulting in a mistrial).

How It Works

After the verdict is read, defense counsel (or the prosecutor) requests polling. The judge or clerk asks each juror by name: “Is this your verdict?” Each juror responds individually in open court. If all 12 jurors affirm, the verdict stands. If even one juror dissents, the court must address the situation.

What Defendants Need to Know

Jury polling is a critical safeguard for defendants. In the pressure of deliberations, a juror may have agreed to a verdict they did not truly support. Polling gives each juror a final opportunity to speak up. Defense attorneys should almost always request polling after a guilty verdict. There is no downside to requesting a poll.

Common Issues

Juror Equivocation: If a juror’s response is ambiguous, the court must clarify before accepting the verdict.
Hung Jury: If polling reveals a non-unanimous verdict, the court may send the jury back for further deliberation or declare a mistrial.
Waiver: Failure to request polling waives the right to challenge unanimity on appeal.

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Frequently Asked Questions

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