The Kansas Jury Instruction — Modified Allen Charge is a legal instruction given to a jury in criminal trials when they are deadlocked or unable to reach a unanimous decision. The purpose of this charge is to encourage jurors to continue deliberating and attempt to reach a unanimous verdict. The Modified Allen Charge, also known as the Modified Allen Instruction or the Modified Allen Charge to Jury, is designed to promote open discussion and cooperation among jurors. It empowers the minority jurors to revisit their positions and reconsider the evidence presented during the trial. During the Modified Allen Charge, the presiding judge may remind the jury about the importance of maintaining their duty as jurors and striving for a unanimous decision. The instruction also emphasizes the significance of each juror's opinion and encourages respectful and thoughtful deliberations. In Kansas, there are no specific variations or named types of Modified Allen Charge. However, different judges might slightly modify or tailor the instruction to suit the specific circumstances of the case. These modifications should aim at maintaining fairness and impartiality while encouraging deliberations. The Kansas Jury Instruction — Modified Allen Charge is a critical tool to ensure the proper functioning of the jury system. It aims to prevent hung juries and mistrials by emphasizing the importance of reaching a unanimous decision based on an honest evaluation of the evidence. While it does encourage jurors to reconsider their positions, it still upholds the principle of fairness and respects each juror's right to hold their own opinion. Keywords: Kansas Jury Instruction, Modified Allen Charge, Modified Allen Instruction, Modified Allen Charge to Jury, criminal trials, deadlocked, unanimous decision, encourage deliberations, cooperation, minority jurors, open discussion, reconsideration, evidence, presiding judge, fairness, impartiality, hung juries, mistrials, power of each juror's opinion, importance of verdict, legal instruction.
Kansas 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.
An Allen charge is when the judge asks the jury to return to deliberations to come to a unanimous decision after the jury tells the court they have reached an impasse.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
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 the jury is allowed to separate (leave the courthouse) during deliberation, the judge will have the jury come to the box and will instruct them regarding the separation. In a criminal case, the bailiff should check with the judge about whether the defendant should be present.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
At the end of a trial, the judge instructs the jury on the applicable law. While the jury must obey the judge's instructions as to the law, the jury alone is responsible for determining the facts of the case from the differing versions presented by the parties at trial.
After the closing arguments, the judge will give the jury its final instructions. Both sides may contest the content of those instructions because they can have an enormous effect on the jury's verdict. During deliberations, the jurors may have questions about the evidence or the instructions.