North Carolina Jury Instruction - 2.1 With Defenses Of Misuse And Assumption Of Risk
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It is not required that the government prove guilt beyond all possible doubt. A reasonable doubt is a doubt based upon reason and common sense and is not based purely on speculation. It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.
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 'ALLEN CHARGE,' UNDER WHICH THE COURT MAY APPLY PSYCHOLOGICAL PRESSURE TO A JURY IN ORDER TO PRODUCE A VERDICT, IS EXAMINED CRITICALLY AND ITS ABOLITION URGED.
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.
If jurors remain undecided on a verdict, additional Allen charges may be issued to the jury. However, if repeated Allen charges fail to bring a hung jury to consensus, the judge will eventually declare a mistrial. Formal wording of the instructions varies depending on which court is issuing them.
An Allen Charge is issued by a judge when juries deadlock and can't reach a verdict. It's intended to avoid a mistrial.