Maryland Jury Instruction — Modified Allen Charge, also known as the Modified Allen Charge in Maryland, is a legal instruction given by a judge to a jury in a criminal trial when they are unable to reach a unanimous decision. This instruction aims to encourage jurors to continue deliberations and strive for a unanimous verdict. The Modified Allen Charge is derived from the original Allen Charge, named after the 1896 U.S. Supreme Court case Allen v. United States. It was modified to address concerns regarding potential coercion or undue pressure on non-majority jurors. The purpose of this instruction is to ensure that each juror's opinion is given fair consideration while also maintaining the integrity of the deliberation process. In Maryland, there are two types of Modified Allen Charge instructions commonly used: 1. Standard Modified Allen Charge: This version emphasizes the importance of a unanimous verdict, encourages jurors to express their opinions, and requests them to reconsider their positions. It stresses the duty of all jurors to actively participate in the deliberations and reminds them that giving up their individual views too hastily might undermine the justice system. 2. Modified Allen Charge with Caution: In this variant, the judge includes an additional cautionary statement to ensure that no undue pressure is exerted on any juror. It explicitly states that jurors should not surrender their individual convictions solely to reach unanimity. This version addresses the concerns raised by the original Allen Charge and provides further reassurance to jurors who may feel hesitant or intimidated. When delivering the Modified Allen Charge, the judge carefully selects their words to avoid any improper influence on the jury's decision-making process. The instructions aim to strike a delicate balance between urging jurors to reconsider their positions while respecting their individual convictions. Ultimately, the purpose of the Maryland Jury Instruction — Modified Allen Charge is to promote continued deliberation, foster open discussion, and encourage jurors to reach a unanimous verdict based on the evidence presented in the trial. It serves as a gentle reminder to jurors of their duty, responsibility, and the significance of their role in the criminal justice system.
Maryland 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 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.
Hear this out loud PauseUltimately, a hung jury is not a definitive outcome, and the case may still be resolved in favor of either the prosecution or the defense through a retrial or plea bargain.
Hear this out loud PauseIn the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.
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.
Hear this out loud PauseWhen 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.
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.
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana.