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An Allen Charge is issued by a judge when juries deadlock and can't reach a verdict. It's intended to avoid a mistrial.
In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.
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.
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.
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 role of the Judge is to instruct them as to what the law is surrounding the defendant's actions. The jury must then apply the facts as given to the law and reach a decision on that basis.
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.
Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.
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. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.