The Colorado Jury Instruction — Modified Allen Charge, also known as the Modified Allen Charge or the Dynamite Charge, is a legal instruction administered to a jury when they are deadlocked and unable to reach a unanimous verdict. This charge is specifically designed to encourage jurors to reexamine their positions and strive for a consensus. It is important to note that the Modified Allen Charge should only be used in situations where there is a genuine impasse among the jurors. The primary purpose of the Modified Allen Charge is to prevent a mistrial by exerting pressure on jurors to continue deliberating and attempt to reach a unanimous decision. It is named after the 1896 U.S. Supreme Court decision in Allen v. United States, which outlined the use of this instruction as a potentially effective strategy to break a jury deadlock. Different variations of the Modified Allen Charge may exist, but they all share the common goal of urging jurors to reassess their viewpoints and engage in further discussion. Some variations may include: 1. Standard Modified Allen Charge: This is the most common version and typically instructs jurors to review their positions, listen attentively to each other's arguments, and consider the possibility of revising their stances to facilitate a unanimous verdict. 2. Revised Modified Allen Charge: This variation might tailor the language of the instruction to fit the specific circumstances of the case. It can include emphasizing certain evidence or highlighting critical points that can assist jurors in making a final decision. 3. Expanded Modified Allen Charge: In certain cases, the instruction can be expanded to offer additional guidance, such as reminding jurors of their duty to approach the case with an open mind, engage in respectful discussions, and to avoid giving undue influence to any particular juror. The Colorado Jury Instruction — Modified Allen Charge should be given carefully and within ethical boundaries. It is crucial for the court to balance the need for a unanimous verdict with the rights of individual jurors. The charge should not unduly coerce or pressure jurors into abandoning their sincere beliefs but rather encourage open dialogue and cooperative deliberation in order to reach a just outcome. In conclusion, the Colorado Jury Instruction — Modified Allen Charge is a legal device used when juries are unable to come to a unanimous verdict. It is named after the 1896 Allen v. United States Supreme Court decision and serves to encourage jurors to revisit their positions and strive for consensus. By employing different variations of this instruction, the court aims to break the deadlock and prevent a mistrial, ultimately facilitating a fair and decisive resolution to the case at hand.