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A term used, usually in the federal court context, to describe the instructions given to a jury when, after deliberation, it is unable to decide on a verdict. A modified Allen test measures arterial competency, and should be performed before taking an arterial sample.Below is the standard modified Allen instruction used in Colorado. What Is A Modified Allen Charge? The court noted that the modified Allen charge from its 2016 Pattern Jury Instructions "is. Courts have long recognized that a criminal trial judge has broad discretion to give supplemental instructions to a deadlocked. In a habeas corpus proceeding, the Fourth Circuit, a defendant argued that it was improper to have given a modified Allen instruction in a death penalty case. Modified Allen charge. Pattern Jury InstructionCriminal ("MPJICr. Please give it your full attention.