The Utah Jury Instruction — Modified Allen Charge, also known as the Modified Allen Charge or the Allen Charge, is a legal instruction provided to a jury when they are deadlocked or unable to reach a unanimous verdict. This charge is given by the judge to encourage jurors to deliberate further and strive for a consensus. The purpose of the Modified Allen Charge is to avoid mistrials, as well as to ensure that all reasonable efforts have been made to reach a verdict before declaring a hung jury. It is named after the landmark 1896 U.S. Supreme Court case Allen v. United States. The general principles of the Modified Allen Charge in Utah emphasize the importance of continued deliberation, active listening, and respectful consideration of the opinions of fellow jurors. The instruction stresses that jurors should have an open mind, be willing to reexamine their own views, and be receptive to alternative viewpoints. However, there might be different variations or types of the Modified Allen Charge instructions used in Utah, depending on the specific circumstances of the case, the judge's discretion, and the rules of court. Some potential variations include: 1. Standard Modified Allen Charge: This is the most commonly used instruction, providing a balanced and impartial reminder to jurors, urging them to work together further without unduly pressuring or coercing individual jurors. 2. Softened Modified Allen Charge: In certain situations, where concerns of coercion or undue pressure on dissenting jurors arise, a softer version of the charge may be used. It aims to encourage deliberation without creating an atmosphere of intimidation or forcing jurors to change their sincere beliefs. 3. Strong Modified Allen Charge: This charge might be employed if the deliberation process has already been lengthy, or other factors indicate that an extra push is necessary. It emphasizes the importance of reaching a verdict and may include stronger language to motivate the jurors to engage in further discussions and reconsider their positions. 4. Tailored Modified Allen Charge: In complex cases or those involving intricate legal issues, the judge may develop a specific version of the instruction that addresses the unique challenges faced by the jury. Tailored instructions can help maintain clarity and ensure that the Modified Allen Charge is effectively communicated to the jurors. In summary, the Utah Jury Instruction — Modified Allen Charge is a legal tool used to guide deliberating juries towards a unanimous verdict when they become deadlocked. It encourages jurors to continue their discussions, listen to one another, reevaluate their own opinions, and work towards a consensus. Variations of this instruction may exist to adapt to different situations and needs, while always aiming to maintain fairness and justice in the courtroom.
Utah Jury Instruction - Modified Allen Charge
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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.
By law, you can be required to participate in jury service only once every two years. You will not be required to attend court for possible jury service more than five days, except as necessary to complete service in a particular trial.
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.
If you do not fill out the Juror Questionnaire you may be ordered to appear before a Judge to explain why you failed to fulfill your legal obligation, penalties include $1,000 fine, imprisonment up to 3 days, community service or any combination thereof. NO COMPUTER ACCESS? NEED A PAPER QUESTIONNAIRE?
Everyone is inconvenienced to some degree by jury service, but for the system to work, people from all walks of life must be willing to serve. Those who refuse to complete the juror questionnaire or refuse to appear when called to serve are subject to fines and jail time for contempt of court.
Excuse from Service You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment. You provide care for a dependent and cannot afford to have someone cover for you. Serving would be an extreme financial burden.
Hung juries, also known as a ?deadlocked jury?, only occur in a jury trial. A case where there is no jury present, such as a bench trial, cannot result in a hung jury. When this happens, the judge must declare a mistrial and the case will either be retried, dismissed or plea bargained.
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.
No one is exempt from jury duty; however, you may request to be excused from jury duty for the following reasons: 1) A person who is over 70 years of age; 2) A person who has served as a justice court juror in the past two years; 3) A person who is caring full time for either (I) children under 10 years of age, or (II) ...