The Idaho Jury Instruction — Modified Allen Charge is a specific set of instructions given by a judge to a jury when they are deadlocked or unable to reach a unanimous decision. This instruction is referred to as a "Modified Allen Charge" because it is based on the original Allen Charge, with some modifications to ensure fairness in the jury deliberation process. The purpose of the Idaho Jury Instruction — Modified Allen Charge is to encourage jurors to reconsider their positions, listen to the perspectives of others, and strive for a unanimous verdict. It emphasizes the importance of open-mindedness and respectful dialogue among jurors to promote productive deliberations. Different types of Idaho Jury Instruction — Modified Allen Charge may include: 1. Standard Modified Allen Charge: This is the most common type of charge given by the judge and is used when the jury is unable to reach a unanimous decision. It typically encourages jurors to carefully review the evidence, consider alternative viewpoints, and respect the opinions of their fellow jurors. 2. Persuasive Modified Allen Charge: In certain cases, the judge may choose to utilize a more persuasive approach to convince the dissenting jurors to reconsider their positions. This type of charge may include additional arguments or explanations to sway the jurors towards a unanimous decision. 3. Reinforcement Modified Allen Charge: If the initial Modified Allen Charge does not result in a unanimous verdict, the judge may opt for a reinforcement charge. This instruction reiterates the importance of reaching a unanimous decision and highlights the potential consequences of a mistrial or prolonged deliberations. 4. Customized Modified Allen Charge: Depending on the specific circumstances of the case, the judge may tailor the instructions to address the unique challenges faced by the jury. The customized charge may include specific reminders or clarifications related to the evidence, legal principles, or the importance of deliberation process. In conclusion, the Idaho Jury Instruction — Modified Allen Charge is a specific set of instructions provided to jurors when they are deadlocked or unable to reach a unanimous decision. By encouraging open-mindedness, respectful dialogue, and reconsideration of positions, this instruction aims to facilitate fruitful deliberations that lead to a verdict. Various types of Modified Allen Charge exist, including the standard, persuasive, reinforcement, and customized charges, each tailored to the circumstances of the case at hand.
Idaho Jury Instruction - Modified Allen Charge
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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.
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.
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.
After the prosecution closes its evidence or after the close of all the evidence, the court on defendant's motion or on its own motion, must enter a judgment of acquittal of any offense for which the evidence is insufficient to sustain a conviction.
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 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 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.
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.