The North Carolina Jury Instruction — Modified Allen Charge, also known as the "Modified Allen Charge" or "Modified Allen Instruction," is a specific legal instruction given to a jury in North Carolina during a trial. The purpose of this instruction is to encourage jurors who may have differing opinions to continue deliberations and strive for a unanimous verdict. It seeks to aid in dispelling deadlock or minority dissent within the jury, promoting open discussion and collaboration among jurors. The Modified Allen Charge is named after the landmark case Allen v. United States, which introduced the concept of this instruction. Over time, North Carolina has developed its own version of the instruction, catering to the state's legal principles and guidelines. This instruction is typically provided by the judge when the jury fails to reach a unanimous verdict, or when there are indications that deadlock may be imminent. It is meant to be given in addition to the initial jury instructions provided to guide the jurors throughout the trial process. Different types of Modified Allen Charges in North Carolina could include: 1. North Carolina Standard Modified Allen Charge: This is the most commonly used form of the Modified Allen Charge. It emphasizes the importance of considering the opinions of others, while also respecting individual beliefs and values. It encourages jurors to engage in further discussion and reconsider their positions, without compromising their own judgment. 2. Enhanced Modified Allen Charge: In some cases, the court may decide to use an enhanced version of the instruction. This modified charge may involve more persuasive language or specific guidance, aiming to break the deadlock and facilitate the arrival of a unanimous verdict. It may highlight the significance of the trial process and the significance of jury service. 3. Tailored Modified Allen Charge: In certain circumstances, the court may adapt the instruction to address the specific concerns or challenges faced by the jury. This version of the Modified Allen Charge could be customized to address the specific issues and obstacles that the jury is facing, aiming to promote further deliberation and a collective decision. It is important to note that the specific language and formulation of the Modified Allen Charge may vary depending on the presiding judge's discretion, the nature of the case, and other relevant factors. The purpose of this instruction, however, remains the same — to encourage continued deliberation, dialogue, and a unanimous verdict, while respecting the jurors' individual perspectives and independent judgment.
North Carolina Jury Instruction - Modified Allen Charge
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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.
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.
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.
Some reasons for disqualification include: a charge pending against you for the commission of, or the conviction of, a crime punishable by imprisonment for more than one year and your civil rights have not been restored, if you are not a U.S. Citizen, if you are not 18 years or older, if your permanent residence is ...
An Allen charge is when the judge asks the jury to return to deliberations to come to a unanimous decision after the jury tells the court they have reached an impasse.
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana.
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.