Cite as: 537 U. S. 3 (2002)
Per Curiam
room, and, in the presence of the attorneys and the defendant, read the note aloud. The judge asked the foreman whether the jury was deliberating. The foreman replied that the jurors were " 'just having the same conversation over the same issue time and time again.' " Id., at 574. The judge made the following statement to the jury:
" 'The juror has a right to do that, as you all know. They have a right to disagree with everybody else. But they do not have a right to not deliberate. They must deliberate and follow the rules and laws as I state it to them.' " Ibid.
The judge then asked the foreman what the latest vote count was, but told him not to reveal which side had which number of votes. The foreman indicated that the last vote count had been 11 to 1. After the foreman indicated that further deliberations would be helpful, the judge gave the following instruction to the jury:
" 'What you do is—like I think what the instructions were—you apply the facts to the law and you arrive at a decision. The law is right there, and I think elements of the law was [sic] given to you in those instructions. They do this or not do this? Was it proven beyond a reasonable doubt? This element, this element, this element? If they did and you find unanimously they did that, you must follow the law and find them either guilty or not guilty of that charge.' " Ibid. (emphasis deleted).
At this point, defense counsel objected on the ground that the judge was improperly " 'instructing the jury . . . as to their manner of deliberation.' " Id., at 574-575. The judge overruled the objection and continued his instruction as follows:
" 'Ladies and Gentlemen, the only thing I'm going to tell you right now is; once again, I told you, you'll look up in the instructions paraphrasing it, I think I'm using
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