The Allen charge is an important legal concept used during criminal trials, specifically in the context of jury instructions. It refers to a judge's instruction to a deadlocked jury, urging them to continue deliberating and strive towards reaching a unanimous verdict. This tactic is employed when the jury is unable to reach a unanimous decision, often resulting in a hung jury. The primary aim of the Allen charge is to encourage reluctant jurors to reconsider their positions and engage in further discussion with an open mind. It is important to note that the Allen charge is used only as a last resort after the jury has indicated that further agreement is impossible. There are different types of Allen charges, each with its own specific nuances: 1. Standard Allen Charge: This is the most common form of the Allen charge, which emphasizes the importance of reaching a unanimous verdict. It usually reminds jurors of their duty to thoroughly evaluate the evidence, deliberate with an open mind, and attempt to reach a decision as a group. 2. Modified Allen Charge: Sometimes, judges may modify the Allen charge to tailor it to the specific circumstances of the case. This could involve highlighting important evidence, reiterating key witness testimonies or arguments, or addressing particular aspects of the case that may be causing the deadlock. The goal remains the same — to motivate jurors to continue deliberations. 3. Dynamite Charge: In rare instances when a modified Allen charge fails to break the deadlock, a judge may opt for a stronger and more forceful instruction known as the "dynamite charge." This instruction may emphasize the time and resources already invested in the trial, as well as the societal cost of a mistrial. The judge may also highlight the possible need for retrials, expenditure of public funds, and potential emotional distress for the victim and accused. The Allen charge, irrespective of its type, aims to strike a balance between respecting the jurors' independence and fostering collective decision-making. Its legality and use can vary across jurisdictions, as some courts and legal systems have expressed concerns about the potential coercive nature of the charge. In conclusion, the Allen charge plays a crucial role in guiding a deadlocked jury towards a unanimous verdict, urging jurors to reevaluate their positions with an open mind. This concept exists in different variations, including the standard Allen charge, modified Allen charge, and the more forceful dynamite charge. Its purpose is to encourage continued deliberation while respecting the independence of jurors.
Allen Charge Example With Explanation
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FAQ
The Allen charge is contained in Florida Standard Jury Instruction (Criminal) 3.06, which reads as follows: I have only one request of you. By law I cannot demand this of you, but I want you to go back into the jury room, then, taking your turns, tell each of the other jurors about any weaknesses of your own positions.
Allen charges (also referred to as dynamite, nitroglycerin, shotgun, or third-degree charges) refer to jury instructions given to a hung jury urging them to agree on a verdict.
When jurors cannot agree on a verdict and report this to a judge, the judge may issue further instruction to them to encourage those in the minority to reconsider their position. These instructions are known as an Allen charge or, more casually, as a dynamite charge.
When juries report they are deadlocked, judges may deliver a supplemental instruction known as the dynamite charge which urges jurors to reexamine their views in an effort to reach a unanimous verdict.
The Allen charge in this case encouraged the jurors to exchange views with one another, consider each other's views, and work diligently to reach a verdict, but did not contain the admonition not to give up conscientiously held beliefs. The charge did more than simply advise jurors to continue their deliberations.