The New Mexico Jury Instruction — Modified Allen Charge, also known as the Modified Allen Charge in New Mexico, is a legal instruction provided to juries in criminal trials. This charge is given by the judge when the jury is deadlocked and unable to reach a unanimous verdict. It aims to encourage jurors to carefully consider the evidence presented and attempt to reach a consensus. The Modified Allen Charge in New Mexico is intended to alleviate jury impasse by reminding jurors of the importance of reaching a unanimous decision. It conveys that each juror owes it to their fellow jurors, the defendant, and the court to make every effort to reach a verdict. This instruction typically informs jurors that it is their duty to discuss the case openly and respectfully, taking into account each other's opinions. It emphasizes the importance of giving fair consideration to all viewpoints, without any juror compromising their own beliefs. While there may not be specific variations of the New Mexico Jury Instruction — Modified Allen Charge, it can be tailored to address the unique circumstances of a particular case. The judge can modify the content to ensure it is relevant and applicable to the specific situation, while still upholding legal standards and principles. In summary, the New Mexico Jury Instruction — Modified Allen Charge is a legal instruction given to juries during a criminal trial to encourage them to continue deliberations and strive for a unanimous verdict. It emphasizes open discussion, respectful consideration of all opinions, and the responsibility of jurors to the court and the accused.
New Mexico Jury Instruction - Modified Allen Charge
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The Allen charge, often called the "dynamite charge," is a special instruction given to encourage deadlocked juries to reach agreement. The charge was first used in a Massachusetts case in 1851,3 and in 1896 was sanctioned by the Supreme Court in Allen v. United States. Deadlocked Juries and Dynamite: A Critical Look at the "Allen Charge" uchicago.edu ? cgi ? viewcontent uchicago.edu ? cgi ? viewcontent
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.
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California.
While they may sound quite forceful, intimidating, or even strongly imply that a juror must or should change their verdict, Allen charges do not require jurors to change their votes or reach a verdict. If you conscientiously believe your vote is just, you should NOT change it for the sake of delivering a verdict.
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. Allen charge | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? allen_charge cornell.edu ? wex ? allen_charge