Puerto Rico Jury Instruction - Modified Allen Charge

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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.

Title: Puerto Rico Jury Instruction — Modified Allen Charge: Detailed Description, Types, and Application Introduction: In the legal system of Puerto Rico, the Modified Allen Charge is a specific type of jury instruction used to encourage deliberations and reach a unanimous verdict among jurors. This article provides a comprehensive overview of Puerto Rico Jury Instruction — Modified Allen Charge, explaining its purpose, methodology, and various types utilized within the jurisdiction. I. Understanding Puerto Rico Jury Instruction — Modified Allen Charge: 1. Purpose and Importance: The Modified Allen Charge aims to motivate jurors who may be deadlocked or experiencing difficulty in reaching a unanimous verdict. It serves to remind jurors of their duty to deliberate fully, consider each other's viewpoints, and strive for a collective decision based on evidence presented during the trial. 2. Historical Background: Originally deriving its name from Allen v. United States, a Supreme Court case from 1896, the Modified Allen Charge has been adapted and utilized in various jurisdictions, including Puerto Rico. The charge has been subject to modifications over time to ensure fairness and avoid potential biases. 3. Methodology: The Modified Allen Charge is typically presented to jurors in the form of jury instructions by the presiding judge. These instructions emphasize the importance of listening to others, respecting opposing opinions, and making reasonable efforts to reach a unanimous verdict. The judge may also address common issues contributing to deadlock, such as prejudice or personal biases. II. Types of Puerto Rico Jury Instruction — Modified Allen Charge: 1. Standard Modified Allen Charge: The standard Modified Allen Charge seeks to encourage a new round of discussions among jurors without unduly pressuring them into altering their original positions. Generally, it entails reminding jurors of their collective responsibility while urging them to consider alternative perspectives and work towards a unanimous verdict. 2. Cautionary Modified Allen Charge: The cautionary Modified Allen Charge, also known as the "Dynamite Charge," is rarely used due to its potential to infringe upon juror independence. It employs more explicit language, highlighting the possibility of a costly retrial, financial burden, or wasted resources if a unanimous decision is not reached. Its intention is to caution jurors regarding the potential consequences of a hung jury. III. Application and Legality in Puerto Rico: The use of Modified Allen Charge in Puerto Rico's legal system is subject to the discretion of the court and adherence to applicable laws. Its acceptance and effectiveness may vary depending on the circumstances of each case and the judge's interpretation of relevant legal standards. Conclusion: Puerto Rico Jury Instruction — Modified Allen Charge plays a crucial role in promoting dialogue and consensus among jurors in Puerto Rico's legal proceedings. By encouraging thorough deliberations and facilitating the resolution of disagreements, it strives to ensure fair and efficient jury decision-making processes. However, the careful application of Modified Allen Charge is necessary to respect juror independence and the integrity of the judicial system.

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FAQ

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.

The judge may direct them to deliberate further, usually no more than once or twice. This direction is most commonly known as an Allen charge. If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury.

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.

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5. Final Instructions advise the jury as to rules they must follow in evaluating evidence admitted during the trial and in reaching a verdict. These non- ... (2) The instruction can easily be modified for a charge of transportation or receipt. ... (3) This instruction does not cover an evasion of payment charge arising ...Feb 3, 1998 — " The court then gave the jury a charge based in part on the modified Allen charge found in a draft of proposed criminal law pattern jury ... Oct 1, 2019 — ... instruction addressing the possibility that the jury ... The court decided to read the modified Allen charge immediately and to let the jurors ... 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 ... This is a draft of proposed Pattern Jury Instructions for Cases of Employment Discrimination (Disparate Treatment) prepared by Judge Hornby's chambers. Puerto Rican prosecutors indicted the defendant for illegally selling firearms in violation of the Puerto Rico Arms Act of 2000. While those charges were ... This manual is intended to assist federal prosecutors in the preparation and litigation of cases involving the Racketeer Influenced and Corrupt Organizations ... 3.01. Consider Instructions as a Whole (10/8/12). 3.02. Presumption of Innocence; Reasonable Doubt (6/29/00). 3.03. Consider Only the Evidence (9/4/09). The modified instruction stated: “The mere fact that the pedestrian is invading the roadway does not give the driver a right to injure the pedestrian.” See ...

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Puerto Rico Jury Instruction - Modified Allen Charge