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Jury Instruction - Modified Allen Charge

Allen Charge Example

Name: Jury Instruction - Modified Allen Charge
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.62 (302 reviews)

Category:

Federal - Jury Instructions - Trial Instructions

State:

Multi-State

Control #:

US-11CRT-6

Format:

Instant download

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Description Allen Charge Definition

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.

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Allen Charge Other Form Names

Allen Charge Jury Allen Charge Jury Instruction Allen Instruction Modified Allen Modified Allen Instruction

FAQ

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).

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.

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.

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.

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

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.

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.

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.

Allen Charge Example

Description Allen Charge Definition

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FAQ

What is an Allen charge to a jury?

Does the jury have to be unanimous?

What is the Allen act?

Can jurors be punished?

What is the purpose of an Allen charge?

Who writes jury instructions?

Who has more power judge or jury?

Who writes the charge to the jury?

What is the function of the so called Allen charge?

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