The Louisiana Jury Instruction — Modified Allen Charge, also known as the Allen Charge or the Dynamite Charge, is a legal instruction given by the judge to a jury when it appears that they are deadlocked or unable to reach a unanimous verdict. This instruction is used in criminal trials in Louisiana and is crucial for ensuring a fair trial process. The purpose of the Louisiana Jury Instruction — Modified Allen Charge is to encourage jurors to continue deliberating and to make every effort to reach a unanimous decision. It is essential in preventing mistrials and avoiding lengthy and costly retrials. The specific language and wording of the Louisiana Jury Instruction — Modified Allen Charge may vary, but the essence remains the same: to motivate jurors to reexamine their positions and attempt to find common ground. The instruction reminds jurors about the benefits of reaching a unanimous verdict, such as avoiding the expense and emotional toll of a retrial. The Modified Allen Charge emphasizes the importance of open-mindedness and the need to carefully consider the viewpoints of fellow jurors. It may address potential issues that arise during deliberations, such as undue influence, stubbornness, or an unwillingness to listen to opposing arguments. Different types or variations of the Louisiana Jury Instruction — Modified Allen Charge may exist, although the core message and objective are consistent. Some courts may prefer alternative patterns of language or additional explanations to encourage fruitful discussions among jurors. To sum up, the Louisiana Jury Instruction — Modified Allen Charge serves as a method for judges to encourage deadlocked juries to continue deliberating and strive for a unanimous verdict. By emphasizing the significance of a unanimous decision and reminding jurors to consider each other's viewpoints, this charge aims to promote fairness and justice in the criminal trial process.
Louisiana Jury Instruction - Modified Allen Charge
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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.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana. Allen v. United States (1896) - Wikipedia Wikipedia ? wiki ? Allen_v._United_Stat... Wikipedia ? wiki ? Allen_v._United_Stat...
In assessing the coerciveness of an Allen charge, the Ninth Circuit considers "(1) the form of the instruction, (2) the time the jury deliberated after receiving the charge as compared to the total time of deliberation, and (3) any other indicia of coerciveness." United States v. 7.7 Deadlocked Jury | Model Jury Instructions - Ninth Circuit US Courts (.gov) ? jury-instructions ? node US Courts (.gov) ? jury-instructions ? node
The Allen charge is contained in Florida Standard Jury Instruction (Criminal) 3.06, which reads as follows: I have only one request of you. By law I cannot demand this of you, but I want you to go back into the jury room, then, taking your turns, tell each of the other jurors about any weaknesses of your own positions. IN THE DISTRICT COURT OF APPEAL OF FLORIDA flcourts.gov ? file ? 09-1055_JurisIni flcourts.gov ? file ? 09-1055_JurisIni
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.