Michigan Jury Instruction - 5.1 Expert Witnesses General Instruction
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FAQ
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.
The instructions are intended to describe trial procedures and duties in a manner that makes the legal process comprehensible to jurors, and to correctly state the law so that the jurors can apply it to the facts as they determine them to be.
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.
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.
Model Jury Instruction - A form jury instruction usually approved by a state bar association or similar group regarding matters arising in a typical case. Courts usually accept model jury instructions as authoritative.
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.
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. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.
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.