(dissenting). I agree that the ABA standard jury instruction 5.4 is an acceptable instruction if given before the jury retires to deliberate.
Once a deadlock develops, however, the only purpose to be served by any such instruction given at that time is to coerce a verdict. This is what I believe is improper.
*343I would eliminate § (b) from the ABA standard instruction.
In the instant case, because I am convinced the jury was coerced into a verdict, I would set aside the conviction.
Levin, J., concurred with T. G. Kavanagh, J.