Maryland Jury Instruction - 5.1 Expert Witnesses General Instruction
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FAQ
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.
So, when jurors send a note out telling the court that they are deadlocked and cannot reach an agreement, the court will often give them an ?Allen charge? which, like a charge of dynamite, is intended to ?shake the jurors up? and get them to reach an agreement.
The Allen charge in this case encouraged the jurors to exchange views with one another, consider each other's views, and work diligently to reach a verdict, but did not contain the admonition not to give up conscientiously held beliefs. The charge did more than simply advise jurors to continue their deliberations.
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.
If the court admits evidence that is admissible against a party or for a purpose ? but not against another party or for another purpose ? the court, on timely request, must restrict the evidence to its proper scope and instruct the jury ingly.
A trial that cannot be completed or whose result has no legal value, usually because a legal mistake has been made: The judge declared a mistrial after newspapers printed a juror's name. He went on trial for the second time after the first case ended in a mistrial. SMART Vocabulary: related words and phrases.
Answer First, click on Secondary Sources under the Content Types tab on the main Westlaw Edge page. Then, click on Jury Instructions.
Jury instructions should ideally be brief, concise, non-repetitive, relevant to the case's details, understandable to the average juror, and should correctly state the law without misleading the jury or inviting unnecessary speculation.