The Massachusetts Jury Instruction — Modified Allen Charge, also known as the modified Allen charge, is a specific instruction given by a judge to a jury during jury deliberations. This instruction is designed to encourage consensus among jurors and prevent deadlock in reaching a verdict. It aims to address situations where the jury is unable to reach a unanimous decision. The Modified Allen Charge in Massachusetts begins by reminding the jurors of their duty to carefully consider the evidence presented and deliberate with open minds. It emphasizes the importance of respectful and active communication within the jury room. The charge instructs the jurors not to be stubborn or inflexible in their views but to be open to alternative perspectives and ready to reconsider their own opinions. The modified Allen charge in Massachusetts typically includes phrases such as "no juror should surrender an honest belief," or "no juror should be coerced into abandoning their views," to emphasize the importance of individual convictions. It also underscores the significance of collective decision-making and the need for each juror to contribute towards reaching a verdict. Different variations or types of the Modified Allen charge used in Massachusetts may exist, but they often share common objectives. Some other possible names or terms associated with this type of jury instruction could include the "Allen Instruction in Massachusetts," "Modified Allen Instruction Massachusetts," or "Charge to Prevent Deadlock." Ultimately, the purpose of the Massachusetts Jury Instruction — Modified Allen Charge is to promote fruitful deliberations, encourage jurors to listen to and respect each other's opinions, and strive towards a unanimous verdict. It aims to strike a delicate balance between respecting individual convictions and fostering a cooperative atmosphere conducive to reaching a fair and just decision.
Massachusetts Jury Instruction - Modified Allen Charge
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Dynamite charges (also referred to as allen, nitroglycerin, shotgun, or third-degree charges) refer to jury instructions given to a hung jury urging them to agree on a verdict.
If you don't want to serve, you can notify the OJC that you'd like to be disqualified, and the OJC will permanently remove you from the juror list.
The judge may direct them to deliberate further, usually no more than once or twice. This direction is most commonly known as an Allen charge. If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury.
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.
The Allen charge, often called the "dynamite charge," is a special instruction given to encourage deadlocked juries to reach agreement. The charge was first used in a Massachusetts case in 1851,3 and in 1896 was sanctioned by the Supreme Court in Allen v. United States.
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.
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.
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.