The Colorado Jury Instruction — Modified Allen Charge, also known as the Modified Allen Charge or the Dynamite Charge, is a legal instruction administered to a jury when they are deadlocked and unable to reach a unanimous verdict. This charge is specifically designed to encourage jurors to reexamine their positions and strive for a consensus. It is important to note that the Modified Allen Charge should only be used in situations where there is a genuine impasse among the jurors. The primary purpose of the Modified Allen Charge is to prevent a mistrial by exerting pressure on jurors to continue deliberating and attempt to reach a unanimous decision. It is named after the 1896 U.S. Supreme Court decision in Allen v. United States, which outlined the use of this instruction as a potentially effective strategy to break a jury deadlock. Different variations of the Modified Allen Charge may exist, but they all share the common goal of urging jurors to reassess their viewpoints and engage in further discussion. Some variations may include: 1. Standard Modified Allen Charge: This is the most common version and typically instructs jurors to review their positions, listen attentively to each other's arguments, and consider the possibility of revising their stances to facilitate a unanimous verdict. 2. Revised Modified Allen Charge: This variation might tailor the language of the instruction to fit the specific circumstances of the case. It can include emphasizing certain evidence or highlighting critical points that can assist jurors in making a final decision. 3. Expanded Modified Allen Charge: In certain cases, the instruction can be expanded to offer additional guidance, such as reminding jurors of their duty to approach the case with an open mind, engage in respectful discussions, and to avoid giving undue influence to any particular juror. The Colorado Jury Instruction — Modified Allen Charge should be given carefully and within ethical boundaries. It is crucial for the court to balance the need for a unanimous verdict with the rights of individual jurors. The charge should not unduly coerce or pressure jurors into abandoning their sincere beliefs but rather encourage open dialogue and cooperative deliberation in order to reach a just outcome. In conclusion, the Colorado Jury Instruction — Modified Allen Charge is a legal device used when juries are unable to come to a unanimous verdict. It is named after the 1896 Allen v. United States Supreme Court decision and serves to encourage jurors to revisit their positions and strive for consensus. By employing different variations of this instruction, the court aims to break the deadlock and prevent a mistrial, ultimately facilitating a fair and decisive resolution to the case at hand.
Colorado Jury Instruction - Modified Allen Charge
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An Allen charge asks jurors in the minority to consider the reasonableness of their views and to take the views of other jurors into account with a disposition toward being convinced.
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.
Hear this out loud PauseAlthough 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.
Hung juries, also known as a ?deadlocked jury?, only occur in a jury trial. A case where there is no jury present, such as a bench trial, cannot result in a hung jury. When this happens, the judge must declare a mistrial and the case will either be retried, dismissed or plea bargained.
When the judge declares the jury to be ?hung? or ?deadlocked,? a mistrial is declared, which brings the trial to an end without a determination on the merits. In the United States, a mistrial returns the parties involved to the positions they occupied before the trial began.
Hear this out loud PauseAn example of a modified Allen Charge follows: Members of the Jury: I'm going to ask that you continue your deliberations in an effort to reach agreement upon a verdict and dispose of this case; and I have a few additional comments I would like for you to consider as you do so. This is an important case.
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.
Hear this out loud PauseAllen 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.