West Virginia Jury Instruction - Modified Allen Charge
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Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury. About the Trial Process - Jury Service - California Courts ca.gov ? ... ca.gov ? ...
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.
Will I be paid for my jury service? The U.S. District Court will pay you, by check, an attendance fee of $50 per day plus round trip mileage to and from your home. Federal employees, instead of the attendance fee, will receive their regular pay. Jury Info | Northern District of West Virginia | United States District Court uscourts.gov ? jury-info uscourts.gov ? jury-info
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. What is an Allen (or "dynamite") charge? fija.org ? library ? jury-nullification-faq ? what-is... fija.org ? library ? jury-nullification-faq ? what-is...
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.
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.
You may be excused from jury duty by the court if you can show that it will pose an undue hardship or extreme inconvenience for you or the public. Whenever possible you should put your request in writing and direct it to the presiding circuit judge. Jury Duty: Frequently Asked Questions - West Virginia Judiciary courtswv.gov ? jury ? jury_faq courtswv.gov ? jury ? jury_faq
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana.