The Montana Jury Instruction — Modified Allen Charge, also known as the Montana Modified Allen Charge, is a legal instruction given to a jury in the state of Montana when they are deadlocked and unable to reach a unanimous verdict. This charge aims to encourage the jurors to continue deliberating and strive for a unanimous decision. The Modified Allen Charge is a specialized instruction that takes its name from the landmark case Allen v. United States. It is designed to address situations where the jury is at an impasse and helps promote further discussion and dialogue among jurors. This instruction can only be given by the judge after determining that the jury is indeed deadlocked and any further deliberations would not be productive. The terms "Modified Allen Charge," "Allen Charge," and "Modified Allen Instruction" are often used interchangeably and refer to the same legal concept. The instruction typically informs the jurors that it is their duty as responsible citizens to make every effort to reach a unanimous consensus. The judge may emphasize the importance of reconsidering individual opinions, remaining respectful towards each other's viewpoints, and listening and considering the arguments of fellow jurors. Although the specific content of the Modified Allen Charge can vary depending on the judge, some commonly used keywords and phrases might include: deadlocked jury, unanimous verdict, further deliberations, responsible citizens, reconsider opinions, respectful dialogue, reconsideration of viewpoints, listening and considering arguments, mutual understanding, fair and impartial decision-making, juror independence, duty to reach a verdict, and persistence in deliberations. It is important to note that there may be different variations or versions of the Modified Allen Charge used in practice, as each judge has some discretion in tailoring the instruction to fit the specific circumstances of the case. However, the overall purpose of the charge remains the same — to encourage jurors to continue their efforts to reach a unanimous decision and promote a fair and just resolution of the case at hand.
Montana Jury Instruction - Modified Allen Charge
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FAQ
If you are randomly selected to serve on a jury pool, the court will send you a summons 5-6 weeks prior to your potential service date. If you receive a summons while you are away, contact the court and we will defer your service to a time you are back in Montana.
If you miss jury duty without being excused by the Court or Jury Commissioner, you may be ordered to appear before a District Court Judge to explain your absence. At this time, the Court may impose a fine.
If after an additional 15 days the person has not appeared, the clerk must notify the court and the state's attorney of the failure and request action under N.D.C.C. § 27-09.1-07 (3). Persons summoned for jury service must report at the time and place indicated on the summons.
The judge will advise the jury that it is the sole judge of the facts and of the credibility (believability) of witnesses. He or she will note that the jurors are to base their conclusions on the evidence as presented in the trial, and that the opening and closing arguments of the lawyers are not evidence.
§ 1866(g) prescribes the following sanctions for noncompliance with a jury summons: the imposition of a fine of not more than $1,000, imprisonment for not more than three days, performance of community service, or any combination thereof.
Jurors who fail to show adequate cause for their absence from jury duty can be held in contempt of court under the Jury Selection Act, 28 U.S.C. § 1966(g). Penalties range from a fine of $100 to three days in jail or both.