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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.
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.
The Allen charge is contained in Florida Standard Jury Instruction (Criminal) 3.06, which reads as follows: I have only one request of you. By law I cannot demand this of you, but I want you to go back into the jury room, then, taking your turns, tell each of the other jurors about any weaknesses of your own positions. IN THE DISTRICT COURT OF APPEAL OF FLORIDA flcourts.gov ? file ? 09-1055_JurisIni flcourts.gov ? file ? 09-1055_JurisIni
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
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.
So, when jurors send a note out telling the court that they are deadlocked and cannot reach an agreement, the court will often give them an ?Allen charge? which, like a charge of dynamite, is intended to ?shake the jurors up? and get them to reach an agreement. What is an ?Allen Charge?? | Axelrod & Associates, P.A. gotaxelrod.com ? blog ? what-is-an-allen-ch... gotaxelrod.com ? blog ? what-is-an-allen-ch...
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana. Allen v. United States (1896) - Wikipedia Wikipedia ? wiki ? Allen_v._United_St... Wikipedia ? wiki ? Allen_v._United_St...
The term "Allen charge" is the generic name for a class of supplemental jury instructions given when jurors are apparently deadlocked; the name derives from the first Supreme Court approval of such an instruction in Allen v. United States, 164 U.S. 492, 501-02 (1896). 7.7 Deadlocked Jury | Model Jury Instructions - Ninth Circuit US Courts (.gov) ? jury-instructions ? node US Courts (.gov) ? jury-instructions ? node