Ohio Jury Instruction — Modified Allen Charge is a legal instruction provided to a jury when they are deadlocked or unable to reach a unanimous decision in a criminal trial. The purpose of this charge is to encourage jurors to reconsider their positions and strive for a verdict. The Modified Allen Charge is derived from the original Allen Charge, which was developed by the U.S. Supreme Court in Allen v. United States (1896). It is named after an Ohio Supreme Court case, State v. Allen (1987), which modified the language of the instruction to better align with modern legal standards. This instruction can be given by the judge after the jury has deliberated for a reasonable amount of time without reaching a verdict. It emphasizes the importance of each juror's individual duty to deliberate, express their opinions, and consider the viewpoints of others respectfully. The Ohio Jury Instruction — Modified Allen Charge typically includes phrases such as "The court would consider it a useful service if you would give every reasonable effort to reach a verdict in this case" and "In any event, no juror should surrender an honest belief regarding the weight or effect of the evidence solely because of the opinions of other jurors or for the mere purpose of returning a verdict." Different types of Ohio Jury Instruction — Modified Allen Charge may vary in their specific wording, but they generally aim to remind jurors of their responsibilities, encourage collaboration, and discourage stubborn adherence to one's initial beliefs. The primary objective is to facilitate a fair and just resolution through consensus. The instruction seeks to strike a delicate balance by not unduly coercing jurors or compromising their individual judgments. It must be carefully tailored to avoid any suggestion of improper pressure or manipulation. Furthermore, juror unanimity is not forcibly demanded, rather the charge endeavors to persuade jurors to weigh their stance once more before concluding the deliberation process. Overall, the Ohio Jury Instruction — Modified Allen Charge serves as a legal tool to promote open-mindedness, dialogue, and a diligent pursuit of justice among jurors. It acknowledges the importance of a unanimous verdict, but respects individual viewpoints and promotes a cooperative approach to decision-making within the confines of the law.
Ohio 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.
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.
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.
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.
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.
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.
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.