A Michigan Jury Instruction — Modified Allen Charge is a legal instruction given by the judge to a jury when they are deadlocked or unable to reach a unanimous verdict. This instruction is also known as the "Allen Charge" or "dynamite charge." The purpose of the Modified Allen Charge is to encourage jurors to continue deliberating and to attempt to overcome any impasse or disagreement. It is meant to remind jurors of their responsibility to reach a consensus and to stress the importance of a unanimous decision. In Michigan, there are several types of Modified Allen Charges that may be used, each addressing different aspects of the deadlocked jury situation. Here are some variations: 1. Standard Modified Allen Charge: This charge emphasizes the importance of reaching a unanimous verdict by reminding the jurors of their duty to consider the evidence, listen to each other's viewpoints, and deliberate in good faith. It may also include a caution against stubbornly sticking to one's position without considering the views of others. 2. Modified Allen Charge with Additional Instructions: In some cases, judges may provide specific instructions to address certain issues raised during deliberations. For example, if jurors are disagreeing on the weight of particular evidence, the charge may include guidance on properly evaluating and weighing that evidence. 3. Modified Allen Charge with Clarification: If jurors are struggling with understanding a specific legal concept or requirement, the judge may provide further clarification to assist them in their deliberations. This could involve restating legal definitions, explaining relevant laws, or providing examples to aid comprehension. 4. Modified Allen Charge addressing Jury Nullification: In certain situations, the Allen Charge might also highlight that the jurors' duty is to apply the law as instructed by the court, rather than holding their own personal beliefs or opinions. This type of charge aims to prevent jury nullification, where jurors may refuse to convict even if the evidence supports a guilty verdict. Michigan's Modified Allen Charges aim to facilitate productive deliberations, foster open communication among jurors, and encourage a unanimous verdict based on a fair consideration of the evidence and the law. It is crucial for judges to tailor the instruction to the specific circumstances of the case and the jury's deadlock to maximize its effectiveness in promoting an unbiased decision-making process.
Michigan Jury Instruction - Modified Allen Charge
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If after considering all of the evidence, including any evidence that another person committed the offense, you have a reasonable doubt that the defendant committed the offense, you must find the defendant not guilty. Motive is not an element of the crime charged and need not be proven by the prosecution.
That's up to the court, but there are a number of grounds for excusing a person from jury service or postponing the service. ?Hardship? is one, and that could include lack of transportation, excessive travel, extreme financial burden, undue risk to physical property, and being over 70.
Our courts don't take skipping jury duty lightly. When a person ignores their summons to appear for service, they can be held in contempt of court. Penalties for doing so are significant and may include fines and actual jail time.
When writing your or your employee's jury duty excuse letter, you must include basic information like the juror number, date, and your mailing address. You also need to include the clerk's information. Include detailed information about why you or your employee needs to be excused from serving jury duty.
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.
Reasons for Being Excused from Jury Service Medical reasons. Public necessity. Undue hardship. Dependent care. Student Status. Military conflict. Other reason deemed sufficient by the court.
A request to be excused from jury service must be received by the Jury Department no later than 5 days before the start of your jury term. Excuse requests will be reviewed and decided by a federal judge. You will be notified once a decision is made. You are not considered excused until you are notified.
Our courts don't take skipping jury duty lightly. When a person ignores their summons to appear for service, they can be held in contempt of court. Penalties for doing so are significant and may include fines and actual jail time.