California Jury Instruction - Modified Allen Charge

• Category: Federal - Jury Instructions - Trial Instructions
• State: Multi-State
• Control #: US-11CRT-6
• Format: Word; Rich Text

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. The California Jury Instruction — Modified Allen Charge, sometimes referred to as the "Modified Allen Charge" or the "Modified Allen Instruction," is a legal directive given by a judge to a jury when they are deadlocked or unable to reach a unanimous verdict. This instruction aims to encourage jurors to continue deliberating in order to reach a consensus. The Modified Allen Charge is derived from the original Allen Charge that was first utilized in Allen v. United States, a 1896 United States Supreme Court case. The original charge had received criticism for potentially coercing dissenting jurors into changing their position. In response to these concerns, California developed its modified version in order to strike a balance between encouraging further deliberation and respecting jurors' individual judgment. The key purpose of the Modified Allen Charge is to emphasize the importance of reaching a unanimous decision. The instruction explains that while jurors should be open to reevaluating their opinions, they should not be coerced or compelled to abandon their sincerely held beliefs. The modified instruction is intended to avoid pressuring jurors into reaching a verdict that they are not comfortable with. Different variations of the Modified Allen Charge exist, but they generally share the goal of resolving jury deadlock while being cautious of potential coercion. Some variations may focus on reminding jurors of the evidence presented during the trial, encouraging them to listen to each other's perspectives, or reminding them of the obligation to deliberate and cooperate to achieve a verdict. The Modified Allen Charge is typically employed when there is a "hung jury," where jurors are unable to reach a unanimous decision after thorough deliberation. In California, the use of this instruction is discretionary, and judges must carefully consider the circumstances of each case before deciding whether to provide this directive to the jury. Overall, the Modified Allen Charge in California seeks to promote respectful and effective deliberation among jurors by encouraging continued discussion without sacrificing jurors' individual decision-making autonomy. It acts as a tool to guide the jury toward a unanimous verdict while safeguarding the integrity of the justice system.

The California Jury Instruction — Modified Allen Charge, sometimes referred to as the "Modified Allen Charge" or the "Modified Allen Instruction," is a legal directive given by a judge to a jury when they are deadlocked or unable to reach a unanimous verdict. This instruction aims to encourage jurors to continue deliberating in order to reach a consensus. The Modified Allen Charge is derived from the original Allen Charge that was first utilized in Allen v. United States, a 1896 United States Supreme Court case. The original charge had received criticism for potentially coercing dissenting jurors into changing their position. In response to these concerns, California developed its modified version in order to strike a balance between encouraging further deliberation and respecting jurors' individual judgment. The key purpose of the Modified Allen Charge is to emphasize the importance of reaching a unanimous decision. The instruction explains that while jurors should be open to reevaluating their opinions, they should not be coerced or compelled to abandon their sincerely held beliefs. The modified instruction is intended to avoid pressuring jurors into reaching a verdict that they are not comfortable with. Different variations of the Modified Allen Charge exist, but they generally share the goal of resolving jury deadlock while being cautious of potential coercion. Some variations may focus on reminding jurors of the evidence presented during the trial, encouraging them to listen to each other's perspectives, or reminding them of the obligation to deliberate and cooperate to achieve a verdict. The Modified Allen Charge is typically employed when there is a "hung jury," where jurors are unable to reach a unanimous decision after thorough deliberation. In California, the use of this instruction is discretionary, and judges must carefully consider the circumstances of each case before deciding whether to provide this directive to the jury. Overall, the Modified Allen Charge in California seeks to promote respectful and effective deliberation among jurors by encouraging continued discussion without sacrificing jurors' individual decision-making autonomy. It acts as a tool to guide the jury toward a unanimous verdict while safeguarding the integrity of the justice system.