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Death penalty case. >> the judge could have said that, look, i know you think you have a decision. talk more? >> absolutely. the judge could have forced them to go back and she could have given another allen charge, called the dynamite charge and forced continued deliberation. at least through friday. but there must be such a split here that judge must have said there is no process. >> there were questions that jury posed. we don't know the questions. but there were questions. i have to disagree with ashley though about one thing. you and i have talked about this, paul. i wonder if the parties...

Jodi arias. will she live or will she die? but this jury has announced to judge sherry stevens in this courtroom just in the last few moments that they are unable to reach a unanimous verdict on life or death. again, the jury announcing to the judge they are unable to agree on a unanimous verdict. and in this state, it is required that the jury is unanimous on either life or death. if it is life, it is the judge who decides if it is natural life forever or life with the possibility of a parole or release. the whole other issue in this state that is up in arms right now because of the legislatu...

An alternate brought in, in many jurisdictions. the alan charge, the dynamite, it is not a usual, you don't want to scold the jury, you don't want it said on appeal if there is a conviction, i mean, if there is a death sentence that someone was coerced into it. you don't want that. but the sad outcome will be if these 12 can't get it together, we have to strike a whole new jury for sentencie ining only, n even more horrible thought, a guilty plea to life. >> well, nancy, when you were a prosecute, you were almost undefeated, if not undefeated and you have seen this happen. what is it about an ...

Ashleigh, for the four murder counts, the jury can go two ways. they can go first-degree murder or they can go third-degree murder, which would take this out of death penalty land and into perhaps life in prison. but i believe that is what everyone here at the courthouse is sort of talking about, where is this jury on the capital offenses? and i've got to tell you, this is the only day that we haven't seen as much activity on the streets. a lot of people are inside. everyone is talking about this case here in philadelphia. pro-life people have been protesting for days and days and days. so thi...

You have done your job and you can hold your head up." back to you. >> kimberly: jonathan, this is interesting. after only 45 minutes the deliberation, judge sending them back in. on what we call a dynamite charge saying please continue to do your duty, go back in and deliberate further. they seem to have the right language to say they don't feel a verdict could be reached despite more deliberation going forward. but no indication, the news reports we're getting is no indication whatsoever whether or not they're going to retry the hung counts. have we heard any mention of perhaps how they were...