The Kentucky Jury Instruction — Modified Allen Charge is a legal instruction given to a jury when they are deadlocked or unable to reach a unanimous verdict in a criminal trial. This charge, also known as the Modified Allen Charge or the Modified Allen Instruction, aims to encourage deliberation and a potential resolution amongst jurors. The purpose of the Modified Allen Charge is to remind jurors of their responsibility to carefully consider the evidence presented during the trial and to continue deliberating with an open mind. It emphasizes the importance of listening to and respecting each other's opinions, while also respecting the court's need for a verdict. The Modified Allen Charge consists of the judge giving a specific instruction to the jurors, often referred to as the "extra admonition." The instruction typically urges the jurors to carefully review the evidence, reevaluate their positions, and strive to reach a unanimous decision if possible. The instruction also highlights that jurors should not abandon their honest convictions, but rather approach the deliberation process with an open mind and willingness to discuss the issues at hand. Different types of Kentucky Jury Instruction — Modified Allen Charge exist to suit various scenarios and instances. These may include: 1. Standard Modified Allen Charge: This is the most common form of the instruction and provides a general reminder to jurors about the importance of continuing discussions and striving for unanimity. It emphasizes the need to consider alternative viewpoints while avoiding pressure or coercion. 2. Modified Allen Instruction for Deadlocked Juries: This version of the instruction is employed when the jury explicitly declares being deadlocked and unable to reach a unanimous verdict. It includes additional language emphasizing the importance of further deliberations to avoid a mistrial or a hung jury. 3. Modified Allen Charge with Cautionary Language: In certain cases, the court may add cautionary language to the instruction to ensure it does not unduly pressure or coerce jurors into reaching a verdict against their genuine beliefs. This modified charge strikes a balance between encouraging further discussions while respecting individual juror autonomy. It is important to note that the availability and specific wording of the Kentucky Jury Instruction — Modified Allen Charge may vary based on the individual judge, the nature of the case, and the jurisdiction within Kentucky. Legal professionals and jurors must consult the specific instructions provided by the presiding judge in each instance.
Kentucky Jury Instruction - Modified Allen Charge
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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.
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.
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.
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.
Not all circuits have published jury instructions: the Second and Fourth Circuits do not. The United States Court of Appeals for the Federal Circuit is a unique court in that it has nationwide jurisdiction in a variety of subject areas. Appeals are heard by panels comprised of three judges.
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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.