New Hampshire Jury Instruction — Modified Allen Charge is a legal instruction given to a jury when they are deadlocked and unable to reach a unanimous verdict. This instructional charge is designed to encourage jurors to reexamine their positions, engage in additional discussion, and strive for a unanimous decision. The Modified Allen Charge, also known as the Dynamite Charge or the Allen Instruction, was first introduced in the landmark New Hampshire court case State v. Allen. This charge aims to prevent a mistrial due to jury deadlock and promotes the principle of unanimity, which holds that a jury should strive to reach a unanimous verdict wherever possible. Keywords: New Hampshire, jury instruction, Modified Allen Charge, Dynamite Charge, Allen Instruction, jury deadlock, unlawful trial termination, unanimous verdict. Different types of New Hampshire Jury Instruction — Modified Allen Charge include: 1. Standard Modified Allen Charge: This is the most common version of the instruction, where the judge encourages jurors to reconsider their positions but does not exert undue pressure on the minority to conform to the majority's opinion. 2. Balanced Modified Allen Charge: This variation emphasizes the importance of respect for each juror's individual opinions while urging them to reassess their own positions in light of the arguments presented during deliberation. It strives to maintain fairness and impartiality throughout the deliberation process. 3. Strong Modified Allen Charge: In certain cases, a judge may opt for a more forceful instruction to the jury, explicitly expressing the urgency to decide on a verdict in an attempt to break the deadlock. This charge sometimes places additional emphasis on the potential costs and consequences of ending the trial without reaching a unanimous decision. 4. Weaker Modified Allen Charge: On the other end of the spectrum, a judge may choose to give a more gentle and less assertive instruction to the jury, aiming to inspire cooperation and an open-mindedness without applying excessive pressure. Keywords: Standard Modified Allen Charge, Balanced Modified Allen Charge, Strong Modified Allen Charge, Weaker Modified Allen Charge, judicial discretion, jury deliberation, unanimous decision, jury deadlock. In summary, the New Hampshire Jury Instruction — Modified Allen Charge provides a framework for judges to guide deadlocked juries towards achieving a unanimous verdict. Its purpose is to maintain the integrity of the judicial process and promote fair deliberations that take into account the perspectives of all jurors.
New Hampshire Jury Instruction - Modified Allen Charge
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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.
Rule 9. Answers; Defenses; Forms of Denials. (a) An Answer or other responsive pleading shall be filed with the court within 30 days after the person filing said pleading has been served with the pleading to which the Answer or response is made.
Motions -- General. (a) A request for court order must be made by motion which must (1) be in writing unless made during a hearing or trial, (2) state with particularity the grounds for seeking the order, and (3) state the relief sought.
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.
Motions to Dismiss. Upon request of a party, hearings on motions to dismiss shall be scheduled as soon as practicable, but no later than 30 days prior to the date set for trial on the merits, unless the court shall otherwise order in the exercise of discretion.
Rule 8 - The Grand Jury (a)Summoning Grand Juries. The superior court shall order a grand jury to be summoned and convened at such time and for such duration as the public interest requires, in the manner prescribed by law.
To request an excuse or postponement, you must submit a Request for Jury Service Postponement/Excuse form. The form is available in eJuror after you complete the summons questions, or you may contact the court's jury clerk to request that a form be sent to you.
Under Rule 5, the structuring conference must be held within 75 days after the Answer is filed.