Minnesota Jury Instruction — Modified Allen Charge is a legal instruction given to jurors when they are deadlocked or unable to reach a unanimous verdict in a criminal trial. It aims to encourage jurors to continue deliberating and strive for a unanimous decision while respecting individual opinions. The Modified Allen Charge is a specific type of supplemental instruction that can be given by the judge to break a jury deadlock. It is based on the original Allen Charge, which was developed in the United States in Allen v. United States. The Modified Allen Charge differs slightly from the original instruction to address concerns about potential coercion and respect for individual jurors' views. Concerning the types of Modified Allen Charges used in Minnesota, there are several variants: 1. Minnesota Jury Instruction — Modified Allen Charge Type A: This type of instruction acknowledges the difficulty of the situation and encourages jurors to actively engage with one another's opinions. It emphasizes the importance of carefully considering each juror's point of view while urging them to reevaluate their positions and attempt to arrive at a unanimous verdict. 2. Minnesota Jury Instruction — Modified Allen Charge Type B: This type of instruction emphasizes the concept of reasonable doubt, which is central to criminal cases. It reminds jurors that reasonable doubt is a high standard and explains how unanimity is vital to uphold fairness and justice. 3. Minnesota Jury Instruction — Modified Allen Charge Type C: This type of instruction addresses concerns about potential coercion or undue pressure on jurors. It stresses that jurors should not surrender their honest opinions or change their stance solely to reach a unanimous verdict. It encourages respectful deliberation and allows for the possibility of maintaining individual opinions if they are genuinely held. 4. Minnesota Jury Instruction — Modified Allen Charge Type D: This type of instruction is similar to Type C but encourages jurors to consider the merits of their positions carefully. It emphasizes the importance of being open to changing one's opinion if convinced by the arguments presented during deliberations. These different types of Modified Allen Charges aim to guide jurors towards reaching a unanimous verdict, while also respecting the individuality and integrity of each juror. By providing these instructions, the judge endeavors to ensure a fair and just resolution of the case, taking into account the complexities of the deliberation process.
Minnesota Jury Instruction - Modified Allen Charge
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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.
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.
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.
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.
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.
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana.
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.
Upon request, the Jury Clerk may grant postponement of jury service for the following: Persons with a health problem. Persons who are enrolled as a full-time student. You must provide an unofficial copy of your transcript. Persons with other extenuating circumstances.