Oklahoma Jury Instruction - Modified Allen Charge

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US-11CRT-6
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Description

This form is a model for an Allen Charge, a statement made to the jury by the Judge when the jury is reporting problems reaching an agreement on a verdict. The text is annotated with cases approving the use of the Allen Charge.

Oklahoma Jury Instruction — Modified Allen Charge is a legal directive provided by the court to a jury panel during a criminal trial or other legal proceedings, aiming to encourage juror consensus and prevent a hung jury. This instruction is also known as the "Modified Allen Charge" or "Allen Charge." The purpose of the Modified Allen Charge is to encourage jurors to deliberate further, reconsider their positions, and strive for unanimity when they initially fail to reach a unanimous verdict. It aims to address any disagreements that may have arisen among jurors and avoid a mistrial or deadlock. There are different types of Modified Allen Charges frequently used in Oklahoma courts: 1. Traditional Modified Allen Charge: In this type of instruction, the judge advises the jury that they should carefully listen to each other's arguments, openly discuss their views, and thoroughly examine the evidence presented during the trial. The judge also emphasizes that it is their duty to try to reach a unanimous decision. 2. Multiple Modified Allen Charge: If the jury fails to reach a unanimous verdict after receiving the initial Modified Allen Charge, the judge can use multiple iterations of modified instructions to further encourage discussion and consensus among jurors. 3. Alternatives to Modified Allen Charge: In certain cases, judges may opt for alternative instructions instead of a Modified Allen Charge. These alternative instructions could include the "Dynamite Charge" (threatening a mistrial and reassignment to a new jury panel), or the "Supplemental Charge" (requesting further clarification or emphasizing specific legal principles). It is important to note that the use and specific wording of the Modified Allen Charge may vary between jurisdictions and individual cases. Judges typically have discretion in determining whether the Modified Allen Charge is appropriate and necessary, based on the specific circumstances of the trial and the jury's apparent deadlock. Overall, the Oklahoma Jury Instruction — Modified Allen Charge serves as a tool to encourage jurors to reevaluate their positions and actively engage in deliberations to achieve a unanimous verdict, ensuring fairness and justice in the legal process.

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FAQ

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.

PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.

Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana.

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.

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.

Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.

An Allen charge is when the judge asks the jury to return to deliberations to come to a unanimous decision after the jury tells the court they have reached an impasse.

More info

Sep 20, 2022 — This “Allen” charge is generally based on OUJI-CR 10-11. Instruction ... In that case, the trial court should modify this instruction ... Oklahoma Uniform Jury Instructions. Criminal 2nd Edition. with comments | without comments. INTRODUCTORY INSTRUCTIONS. A. VOIR DIRE.Several cases have upheld the use of a modiŽed Allen charge after the jury reached deadlock upon Žnding the circumstances did not render the instruction ... ... instruct the jury that it must find the conduct charged in the indictment ... to give even a neutral Allen charge that has a coercive effect on the jury's ... (Fine, Fees and Costs; Jury Instructions, Misleading/Confusing) One fine vacated, one fine modified because jury instructions incorrectly mandated a fine. United States, 164 U.S. 492 (1896), in which the Supreme Court sanctioned an instruction a trial court may give to a deadlocked jury.) In U.S. v. ... in standard Allen charge issued to deadlocked jury). 53. Page 63. 3.8 ... standards for recovery which should be reflected in a modified jury instruction. Alternate 2 shall be given when the crime charged is murder in the first degree and the death penalty is sought. The Oklahoma Court of Criminal Appeals ... by C Epperson · 2022 — 1973) (stating that an instruction that strays from ABA model language and given after a jury has started deliberation will face higher scrutiny ... Apr 27, 2020 — the jury the Allen charge from the Eleventh Circuit's. Pattern Jury Instructions, which it referred to as “the modified Allen charge.” Pet.

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Oklahoma Jury Instruction - Modified Allen Charge