A New York Jury Instruction, specifically the Modified Allen Charge, is a crucial legal directive given by the judge to a deliberating jury panel when they are deadlocked or unable to reach a unanimous decision. Also referred to as the "Allen charge" or "dynamite charge," this instruction aims to encourage jurors to continue their discussion with an open mind and strive for a unanimous verdict. The Modified Allen Charge holds significant importance in the legal system as it helps prevent mistrials and allows jurors to fully deliberate on the evidence presented. By reminding them of their duty to reach a consensus, this instruction can avoid lengthy and costly retrials. One type of Modified Allen Charge in New York is the "First Modified Allen Charge," which is generally given to encourage deliberation and unity among jurors when deadlock arises. This charge emphasizes the value of individual opinions while emphasizing the need to consider and respect the opinions of others. Another common type of New York Modified Allen Charge is the "Second Modified Allen Charge," which is used if the jury remains deadlocked after the initial instruction. This charge reiterates the importance of unanimity while reminding jurors of their responsibility to consider and carefully reevaluate their positions. In some cases, a variant called the "Modified Allen/Benevolent Charge" can be employed. It adopts a softer tone and encourages jurors to reevaluate their positions while assuring them that their opinions are valued. This variant aims to alleviate any potential hostility or pressure within the jury panel. To summarize, the New York Jury Instruction — Modified Allen Charge is a legal directive provided to deliberating juries struggling to reach a unanimous decision. Its purpose is to impart the importance of open-minded discussion, unity, and the duty to consider the opinions of others. Different variants of this charge can be used depending on the nature of the deadlock and the judge's discretion.
New York Jury Instruction - Modified Allen Charge
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An Allen charge asks jurors in the minority to consider the reasonableness of their views and to take the views of other jurors into account with a disposition toward being convinced.
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.
Hung juries, also known as a ?deadlocked jury?, only occur in a jury trial. A case where there is no jury present, such as a bench trial, cannot result in a hung jury. When this happens, the judge must declare a mistrial and the case will either be retried, dismissed or plea bargained.
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.
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.
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.
When the judge declares the jury to be ?hung? or ?deadlocked,? a mistrial is declared, which brings the trial to an end without a determination on the merits. In the United States, a mistrial returns the parties involved to the positions they occupied before the trial began.
An example of a modified Allen Charge follows: Members of the Jury: I'm going to ask that you continue your deliberations in an effort to reach agreement upon a verdict and dispose of this case; and I have a few additional comments I would like for you to consider as you do so. This is an important case.