Arizona Jury Instruction — Modified Allen Charge, also known as the Modified Allen Charge in Arizona, is a legal instruction given to a jury in a criminal trial when they are deadlocked and unable to reach a unanimous verdict. This charge is intended to encourage jurors to reexamine their positions, consider other perspectives, and strive for a verdict that represents the collective opinion of the jury. The purpose of the Modified Allen Charge is to remind jurors of their duty to deliberate and to express the importance of reaching a unanimous decision if possible. It aims to prevent a mistrial and promote the fair administration of justice. By urging jurors to listen to each other, respect differing opinions, and engage in open-minded discussions, the Modified Allen Charge seeks to break any impasse and lead to a consensus. While the specific content of the Modified Allen Charge may vary, there are some typical elements included. It often emphasizes the value of the majority opinion while respecting minority viewpoints. The instruction encourages jurors to express their thoughts and concerns and remain open to persuasion. It may also remind them of the time and resources invested in the trial and the gravity of their decision. In some instances, there are different versions of the Modified Allen Charge that can be used in Arizona. These variations might differ in language or emphasis but generally serve the same purpose of urging jurors to continue deliberations while respecting one another's opinions. Additionally, judges in Arizona have the discretion to tailor the instruction to fit the specific circumstances of each case, ensuring fairness and impartiality in the process. Keywords: Arizona, jury instruction, Modified Allen Charge, legal instruction, criminal trial, deadlocked jury, unanimous verdict, encourage jurors, reexamine positions, consider other perspectives, strive for a verdict, collective opinion, duty to deliberate, prevent mistrial, fair administration of justice, urge jurors to listen, respect differing opinions, engage in discussions, break impasse, reach consensus, majority opinion, minority viewpoints, express thoughts and concerns, open to persuasion, time and resources invested, gravity of decision, variations, different versions, language, emphasis, judges' discretion, tailor instruction, specific circumstances, fairness, impartiality.
Arizona Jury Instruction - Modified Allen Charge
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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.
Although an Allen charge varies by jurisdiction and even from judge to judge, since its purpose is to prevent a hung jury, it generally calls jurors' attention to the significant time and expense of a trial and urges them to reconsider their vote, especially if they are in the minority.
Hear this out loud PauseIn the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.
Hear this out loud PauseWhen 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.
A request to be excused must be made in writing to the court that issued the summons and must be supported by appropriate documentation. Requests for excuse should be directed to the Jury Commissioner's Office. Your service is required as a prospective juror for a minimum of one day.
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana.
Hear this out loud PauseUltimately, a hung jury is not a definitive outcome, and the case may still be resolved in favor of either the prosecution or the defense through a retrial or plea bargain.