Tennessee Jury Instruction — Modified Allen Charge, also known as the Modified Allen Charge in Tennessee, is a legal instruction commonly used by judges to encourage deadlocked juries to continue their deliberation and strive for a unanimous decision. This charge is employed when the jurors are unable to reach a verdict and the court believes that further deliberation might lead to a consensus. The Tennessee Jury Instruction — Modified Allen Charge emphasizes the importance of reaching a unanimous decision without unduly pressuring any juror to change their viewpoint. It is named after the 1896 U.S. Supreme Court case Allen v. United States, which set the precedent for this charge. This jury instruction serves as a reminder of jurors' duty to discuss the evidence presented, carefully consider the viewpoints expressed by other jurors, and reevaluate their own position if warranted. It urges jurors to be open-minded, respectful, and willing to reexamine their positions with a view to reaching a unanimous verdict. The Modified Allen Charge in Tennessee typically includes language like "You should listen to each other's opinions and give them the respect and consideration you hope to receive" and "Remember, it is the solemn duty of each juror to try to reach an agreement in this case if at all possible." While there may not be specific types of Modified Allen Charge instructions, judges may have some discretion in tailoring the language to fit the specific circumstances of the case. Therefore, the exact wording and emphasis within the Modified Allen Charge may vary from one trial to another, but the primary objective remains the same — to encourage deadlocked jurors to continue deliberating and ultimately strive for a unanimous decision. In summary, Tennessee Jury Instruction — Modified Allen Charge is an instruction used when a jury is deadlocked in reaching a unanimous verdict. It aims to encourage open-mindedness, respectful deliberation, and reevaluation of individual positions. By providing this charge, the court seeks to inspire jurors to continue deliberating with the goal of achieving a unanimous verdict.
Tennessee Jury Instruction - Modified Allen Charge
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Hear this out loud PauseUltimately, a hung jury is not a definitive outcome, and the case may still be resolved in favor of either the prosecution or the defense through a retrial or plea bargain.
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.
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana.
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.
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.
Hear this out loud PauseWhen 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.
Hear this out loud PauseIn the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.