Florida Jury Instruction - Modified Allen Charge
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How to fill out Jury Instruction - Modified Allen Charge?
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FAQ
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 PauseThe court shall provide each juror with a written set of the instructions for his or her use in deliberations. The court shall file a copy of such instructions.
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.
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.
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.
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.