Allen Charge Example With Explanation
Description
How to fill out Jury Instruction - Modified Allen Charge?
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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.