“Chip Smith Charge”——奇普·史密斯指控判例

奇普·史密斯指控判例，是指对处于审理僵局的陪审团进行指导以促使这些意见不一的陪审员在再次投票时以获得一致性的裁决结论。

该指控来自1881年康涅狄格州的“州诉史密斯”一案。21岁的詹姆士·奇普·史密斯酒后开枪影响了街区的平静，当该镇的公安局长丹尼尔·J·贺耶斯试图逮捕史密斯时，史密斯开枪射中了贺耶斯的腹部以致其身亡。当康涅狄格州高级法院审理此案时，陪审团成员之间分歧很大，后来反复审理最终取得一致性结论。“奇普·史密斯指控”已经康涅狄格州司法的一部分。该案提供的指示经常迫使陪审团的少数派成员让步以达成全体一致。

以下是我查找到的本判例的英文介绍供参考：

The "Chip Smith charge" is an instruction to deadlocked jurors, urging those jurors whose disagree with the majority vote to reexamine the majority views in an effort to reach a unanimous verdict.

"Everything old is new again." We've all heard this phrase before, and this is certainly the case with the Chip Smith charge.

The charge derives from State v. Smith, 49 Conn. 376 (1881). James "Chip" Smith was a 21-year-old who was drinking, firing off his gun and causing a general disturbance of the peace one afternoon in December of 1880. His behavior forced his father out into the street and to the home of Daniel J. Hayes, the chief of police for the borough of Ansonia. The elder Mr. Smith begged Mr. Hayes to come and arrest his son. Mr. Hayes went in search of Chip, found him in a downtown street and tried to arrest him. A struggle ensued, and Chip shot Hayes in the abdomen. Hayes later died of his injuries. James "Chip" Smith was tried for and convicted of Hayes' murder. In an opinion reviewing Smith's conviction, the Connecticut Supreme Court set forth language concerning the duty of jurors when deliberating. This language became known as the Chip Smith charge, and trial courts repeatedly gave the charge to jurors when they reported that they were deadlocked.

Over the years, the Chip Smith charge became an established part of Connecticut jurisprudence. However, the instruction was often challenged as being coercive and implying that a juror in the minority should "give in" to the majority for the sake of unanimity. Recently, in State v. O'Neil, 261 Conn. 49 (2002), the instruction was challenged once again, and our old Chip Smith charge was given a new dressing.