Virginia Jury Instruction - Modified Allen Charge
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Yes, you must fill out the juror information form and detach it from the bottom of the summons. You must mail in the completed form to us within 5 days. If you choose to submit your juror information form on-line via eJuror, please do not mail in your juror information form.
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.
9.000 states, in relevant part, that the jury may consider the following: (1) Bodily injuries sustained and their effect on Plaintiff's health ing to their degree and probable duration; (2) Any Physical pain and mental anguish suffered in the past and any he may reasonably suffer in the future; (3) Any ...
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.
An Allen charge is when the judge asks the jury to return to deliberations to come to a unanimous decision after the jury tells the court they have reached an impasse.
You won't be excused because your jury service is inconvenient or because you have a busy schedule, but you may be for reasons such as a physical ailment. If you have special conflicts on a particular day during the term, the court may excuse you on those days.
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana.
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.