The Virginia Jury Instruction — Modified Allen Charge is an important legal aspect of jury trials in the state of Virginia. It refers to a particular set of instructions given to a jury when they are unable to reach a unanimous verdict. The purpose of this charge is to encourage jurors to continue their deliberations and strive for a unanimous decision. The concept of a modified Allen charge originated from the U.S. Supreme Court case Allen v. United States in 1896. The court ruled that such a charge does not coerce jurors into reaching a verdict against their will, but instead, it promotes further discussion and consideration of the issues at hand. In Virginia, the specific instructions of the Modified Allen Charge may vary slightly depending on the jurisdiction or the judge presiding over the case. However, the underlying principle remains consistent across variations. The charge cautions the jurors against being stubborn or unreasonable in maintaining their initial positions and emphasizes the importance of open-mindedness and genuine consideration for the opinions of others. The objective of the Modified Allen Charge is to ensure that jurors exhaust all reasonable efforts to reach a unanimous verdict before the court declares a mistrial. It aims to avoid unnecessary retrials and the associated costs and delays in the justice system. Different types of Modified Allen Charges may include variations in wording or emphasis. For instance, some instructions may focus on the importance of individual perspectives and the value of diverse opinions within the jury. Others may emphasize the credibility of witness testimonies or the weight of the evidence presented during the trial. Despite these nuances, the core message of encouraging continued deliberation and fostering open communication among jurors remains consistent. In summary, the Virginia Jury Instruction — Modified Allen Charge is a crucial aspect of the Virginia legal system. It encourages jurors to strive for unanimity in their decision-making process while respecting the diversity of opinions and perspectives within the jury. The charge aims to minimize mistrials by urging jurors to engage in meaningful discussions and genuine consideration of the evidence presented during the trial.
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.