Mississippi Jury Instruction — Modified Allen Charge is a legal term referring to a specific instruction given to a jury when they are unable to reach a unanimous verdict in a criminal trial. It aims to encourage jurors who hold a dissenting opinion to reconsider their position and continue deliberations in an effort to reach a decision. The Modified Allen Charge, also sometimes referred to as the Modified Ransom Charge, is derived from the Allen Charge, which was initially given by the United States Supreme Court in the case of Allen v. United States. This charge acknowledges that jurors may have differing perspectives but asks them to reevaluate their positions and make an earnest attempt to reach a consensus. The purpose of this instruction is to avoid a hung jury or mistrial and to promote the principle of jury unanimity, which is a cornerstone of the American legal system. By encouraging open-mindedness and respectful consideration of the minority viewpoints, the Modified Allen Charge aims to facilitate discussion among jurors and hopefully lead to a verdict. While there may be variations in the exact wording used in the Modified Allen Charge, the essence remains the same across different instructions. The instruction generally emphasizes the importance of each juror's duty and the need for further discussion and deliberation to reach a unanimous decision. It is essential to note that the use of the Modified Allen Charge is not universally accepted. Some jurisdictions discourage it or have even excluded its use due to concerns about forgiveness, potential pressure on jurors, or violation of an individual's right to hold their own opinion. Therefore, its application may vary depending on the specific rules and practices of each jurisdiction. In summary, the Mississippi Jury Instruction — Modified Allen Charge is given to a divided jury to encourage continued deliberation and unity in reaching a verdict. Its purpose is to avoid hung juries and mistrials, and promote the principle of unanimity in the justice system. Different variations of this instruction may exist, but they all share the fundamental goal of urging jurors to reevaluate their positions and engage in constructive deliberations.
Mississippi Jury Instruction - Modified Allen Charge
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The court uses a two-step process to select jurors. First, a master jury wheel is created by selecting names at random from a list of registered voters in each county in the Southern District of Mississippi. Names are then drawn from the master jury wheel to receive juror qualification questionnaires.
After the closing arguments, the judge will give the jury its final instructions. Both sides may contest the content of those instructions because they can have an enormous effect on the jury's verdict. During deliberations, the jurors may have questions about the evidence or the instructions.
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.
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
If the jury is allowed to separate (leave the courthouse) during deliberation, the judge will have the jury come to the box and will instruct them regarding the separation. In a criminal case, the bailiff should check with the judge about whether the defendant should be present.
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.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
At the end of a trial, the judge instructs the jury on the applicable law. While the jury must obey the judge's instructions as to the law, the jury alone is responsible for determining the facts of the case from the differing versions presented by the parties at trial.