North Dakota Jury Instruction — Modified Allen Charge is a legal instruction given to a jury when they are deadlocked or unable to reach a unanimous verdict in a criminal trial. This instruction is intended to encourage jurors to continue deliberating and attempt to reach a consensus. The Modified Allen Charge, also known as the Allen Charge or the Dynamite Charge, is named after the 1896 U.S. Supreme Court case Allen v. United States. In this case, the Supreme Court approved a jury instruction that was designed to prevent hung juries and mistrials. In North Dakota, there are different types of Modified Allen Charges that can be used depending on the specific circumstances of the case. These instructions may vary in language and emphasis, but their purpose remains the same — to urge jurors to carefully reconsider their positions and work towards a unanimous decision. Some different types of North Dakota Jury Instruction — Modified Allen Charge include: 1. Standard Modified Allen Charge: This is the most commonly used instruction and provides a general reminder to jurors about their duty to reach a verdict if possible. It emphasizes the importance of considering each other's opinions and engaging in respectful deliberations. 2. Strong Modified Allen Charge: This instruction is more assertive in its language and seeks to exert additional pressure on jurors to reach a unanimous decision. It may explicitly emphasize the time and resources invested in the trial and remind jurors of the potential consequences of a mistrial. 3. Weaker Modified Allen Charge: In contrast to the strong version, this instruction may employ a softer tone and focus on reinforcing the importance of respectful dialogue and open-mindedness without imposing excessive pressure. 4. Tailored Modified Allen Charge: Sometimes, based on the unique circumstances of a case or specific issues faced by the jury, a customized or tailored Modified Allen Charge may be used. This tailored instruction can address the specific concerns and issues hindering the jury from reaching a verdict. It is important to note that while the Modified Allen Charge is intended to motivate jurors to reach a unanimous decision, it must be administered carefully and within legal boundaries to avoid coercion or undue influence on individual jurors. Therefore, judges in North Dakota must exercise discretion in selecting an appropriate instruction and ensure that it is delivered in a manner that respects the principles of fairness and justice.
North Dakota Jury Instruction - Modified Allen Charge
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