Indiana Jury Instruction - Modified Allen Charge

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US-11CRT-6
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Description

This form is a model for an Allen Charge, a statement made to the jury by the Judge when the jury is reporting problems reaching an agreement on a verdict. The text is annotated with cases approving the use of the Allen Charge.

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FAQ

Failure to answer questions shall be punishable with contempt of court. (K.S.A. 43-161). Regardless of your personal situation, all juror questionnaires must be completed and returned for processing.

Failure to return the form at this time will result in the issuance of a summons for you to appear in court to complete the questionnaire. Thereafter, the penalty for failure to respond may include a fine of not more than $1000.00 or imprisonment of not more than 3 days, or both pursuant to Title 28, U.S.C.

If you fail to appear for jury duty, you may be subject to contempt of court charges. This could result in a fine or even jail time. But in most cases, the court just reschedules your jury duty for another date.

(1) The person is not a citizen of the United States, at least eighteen (18) years of age, and a resident of the county. (2) The person is unable to read, speak, and understand the English language with a degree of proficiency sufficient to fill out satisfactorily a juror qualification form.

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.

If you do not complete the information requested, you may be summoned by the Court to report at your expense for completion of the Questionnaire at this office.

An 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.

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.

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Indiana Jury Instruction - Modified Allen Charge