Virgin Islands Jury Instruction - Modified Allen Charge

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US-11CRT-6
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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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FAQ

Hear this out loud PauseUltimately, a hung jury is not a definitive outcome, and the case may still be resolved in favor of either the prosecution or the defense through a retrial or plea bargain.

Hear this out loud PauseIn the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.

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.

For example, if a witness testifies that the defendant has a criminal record, the judge may give a limiting instruction to the jury that they can only consider this evidence to determine the defendant's credibility as a witness and not to conclude that the defendant is guilty of the crime they are currently on 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.

Hear this out loud PauseWhen 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.

Another example of a curative instruction is when the judge tells the jury to disregard certain evidence or consider it for specific purposes only. This is called a cautionary instruction and is meant to prevent the evidence from unfairly influencing the jury's decision.

Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana.

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Virgin Islands Jury Instruction - Modified Allen Charge