Modified "Allen" Charge

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Control #:
US-5THCIR-CR-1-45
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Modified "Allen" Charge

A Modified "Allen" Charge is an instruction to a jury to continue deliberating despite the fact that they are deadlocked. It is also known as an Allen Charge, a Judge's Charge, or a Dynamite Charge. It is sometimes used in criminal cases when a jury is unable to reach a unanimous verdict. Furthermore, it is a modified version of the Allen Charge, which was originally created by the Supreme Court of the United States in 1896. The Modified "Allen" Charge is a set of instructions given by the judge to the jury to reconsider their opinion in reaching a unanimous verdict. It is usually given when the jury is unable to reach a unanimous decision after several hours or days of deliberation. It emphasizes the importance of the jury's decision and encourages the jurors to review the evidence and consider the opinions of other jurors. Furthermore, it does not suggest any particular outcome, allow for coercion, or tell jurors to change their minds. There are two types of Modified "Allen" Charges: the coerced unanimity charge and the non-coerced unanimity charge. The coerced unanimity charge suggests that jurors should accept a majority opinion and reach a decision even if they are not convinced by the majority's opinion. The non-coerced unanimity charge suggests that jurors should continue to discuss the evidence and consider each other's points of view in order to reach a unanimous decision.

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Modified "Allen" Charge