Jury Instruction - Modified Allen Charge

State:
Multi-State
Control #:
US-11CRT-6
Format:
Word; 
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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.

Definition and meaning

The Jury Instruction - Modified Allen Charge is a specific guideline provided to jurors by a judge during deliberations. It encourages jurors to continue discussions in the hopes of reaching a unanimous verdict. This instruction highlights the importance of their deliberations and aims to address any deadlock that may arise among jurors.

Who should use this form

This form is primarily used by jurors who are participating in a trial where the Jury Instruction - Modified Allen Charge is instructed. It is designed for individuals serving as jurors in both civil and criminal cases. The instruction aims to assist them in understanding their role and responsibilities during the deliberation process.

Legal use and context

The Modified Allen Charge has been established within legal frameworks to both support jury deliberations and to ensure that cases progress efficiently. It serves as a reminder that reaching a verdict is crucial for the resolution of the case, preventing potential retrials that would consume additional resources. This instruction is grounded in legal precedent and is utilized throughout many jurisdictions.

Key components of the form

  • Encouragement for jurors to continue discussions.
  • Expectation of a united verdict based on thorough consideration of evidence.
  • Addressing the consequences of failing to reach an agreement.
  • Emphasis on the juror's duty to deliberate and consider all viewpoints.

Common mistakes to avoid when using this form

Jurors should avoid several common pitfalls while using the Modified Allen Charge:

  • Rushing to a verdict without thorough deliberation.
  • Ignoring the perspectives of fellow jurors.
  • Allowing personal biases to overshadow evidence presented.
  • Failing to remember that a unanimous decision is required if guilt is not established beyond a reasonable doubt.

What to expect during notarization or witnessing

While notarization or witnessing is not typically applicable for jury instructions, jurors may encounter official processes surrounding their oaths. During such proceedings, jurors can expect to affirm their commitment to fair and impartial judgment, understanding the importance of their role in the judicial process.

Key takeaways

  • The Jury Instruction - Modified Allen Charge is crucial for guiding jurors during deliberations.
  • Jurors must engage actively and not shy away from discussing disagreements.
  • It aims to ensure a prompt resolution of trials, thereby conserving judicial resources.
  • Awareness of this form can assist jurors in fulfilling their duties effectively.

How to fill out Jury Instruction - Modified Allen Charge?

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FAQ

With an Allen charge, the judge overseeing the case will recommend that the jury deliberate for an extended period of time and ask the minority to rethink their decision. If they still cannot reach an agreement, it will result in a mistrial.

The judge reads the instructions to the jury. This is commonly referred to as the judge's charge to the jury. In giving the instructions, the judge will state the issues in the case and define any terms or words that may not be familiar to the jurors.

When there is no jury ("bench trial"), the judge makes rulings on both questions of law and of fact. In most continental European jurisdictions, judges have more power in a trial and the role and powers of a jury are often restricted.

Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury.

Definition. An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Some states prohibit Allen charges, because they deem them coercive, but the U.S. Supreme Court upheld their use in Allen v. U.S., 164 U.S. 492 (1896).

In short, it is not legal to punish a juror for their verdict. This well-established principle of trial by jury has been the case in the American legal system since its inception and, preceding it, English common law since Bushel's case in 1670.

United States, 164 U.S. 492 (1896), was a United States Supreme Court case that, amongst other things, approved the use of a jury instruction intended to prevent a hung jury by encouraging jurors in the minority to reconsider.

The Federal Rules of Criminal Procedure state, "The verdict must be unanimous. . . .If the jury cannot agree on a verdict on one or more counts, the court may declare a mistrial on those counts. A hung jury does not imply either the defendant's guilt or innocence.

Definition. An instruction given by a court to a deadlocked jury to encourage it to continue deliberating until it reaches a verdict. Some states prohibit Allen charges, because they deem them coercive, but the U.S. Supreme Court upheld their use in Allen v. U.S., 164 U.S. 492 (1896).

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Jury Instruction - Modified Allen Charge