Montgomery Maryland Jury Instruction - Modified Allen Charge

State:
Multi-State
County:
Montgomery
Control #:
US-11CRT-6
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Word; 
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Description

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

Maryland has a list of specific excuses that can be used to be exempt from reporting for jury duty, including excuses for student, breastfeeding, age, police, medical worker and firefighter. You can also be excused if you don't meet the basic eligibility requirements for jury duty in MD.

Can I be excused from jury service? Under certain very limited circumstances, you can be excused from jury service. You must show that excusal is required because of extreme inconvenience, public necessity, or undue hardship. Being excused is intended to be used only for the most serious of situations.

It is the duty of every citizen to participate in jury service. If you feel you have extenuating circumstances please submit a written request for excusal. All requests for excusal are to be submitted with your questionnaire within ten days of receipt.

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.

Maryland has a list of specific excuses that can be used to be exempt from reporting for jury duty, including excuses for student, breastfeeding, age, police, medical worker and firefighter. You can also be excused if you don't meet the basic eligibility requirements for jury duty in MD.

Jurors can be dismissed during deliberations. A judge may not hear requests and reasons for requests to be excused from members of the jury off the record and without the presence of the accused. The jury can be reduced to as little as 10 members without a mistrial or a violation of s. 11(f) Charter rights.

Avoiding it, however, is ill advised: you cannot simply refuse and it is a criminal offence to not answer a jury summons without reasonable cause. You may, however, be able to defer (or possibly be excused) if you've served in the last two years or have a good reason.

If you are 76 years of age or older, you may request to be Excused. Requests to be excused for financial hardship or work hardship may be discussed with the judge during the jury selection process in the courtroom.

If you do not appear for jury service at the date and time directed by the summons, you can be fined for up to $1,000, put in jail for up to 60 days, or both. If you do not complete jury service, you can be fined for up to $1,000, put in jail for up to 90 days, or both.

Between December 29, 2021, through March 6, 2022, all criminal and civil jury trials in the circuit courts throughout the State of Maryland were suspended due to the COVID-19 Emergency. Effective March 7, 2022, all criminal and civil jury trials in the circuit courts will resume and courts will be fully operational.

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Montgomery Maryland Jury Instruction - Modified Allen Charge