Delaware 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. Delaware Jury Instruction — Modified Allen Charge: A Comprehensive Explanation The Delaware Jury Instruction — Modified Allen Charge is a legal instruction delivered to a jury when they are unable to reach a unanimous decision in a criminal trial. This charge is specifically designed to encourage jurors to continue deliberating in an effort to reach a consensus. It is derived from the United States Supreme Court case Allen v. United States (1896) and has since been modified to fit Delaware's legal framework. The purpose of the Modified Allen Charge is to provide additional guidance to the jurors during their deliberations and minimize the possibility of a mistrial due to a hung jury. Instead of declaring a mistrial and starting the trial process all over again, the judge delivers this charge as a last resort to motivate jurors to reconsider their positions and strive for a unanimous verdict. The Modified Allen Charge emphasizes to the jury the importance of reaching a verdict and reminds them of their duty as fact-finders. It typically encourages jurors to actively listen to opposing viewpoints, openly discuss evidence, and carefully consider the arguments put forth during the trial. In Delaware, there are variations of the Modified Allen Charge, including: 1. Traditional Modified Allen Charge: This instruction is based on the original Allen charge, which includes reminding jurors of the time and resources invested in the trial, the aim to avoid unnecessary expense and potential harm that a retrial may cause, and encouraging a reconsideration of individual positions. 2. Modernized Modified Allen Charge: This variation focuses on fairness, reminding jurors of the importance of respecting each other's opinions, and encouraging them to reevaluate their positions with an open mind. It emphasizes that a unanimous decision is not asking anyone to abandon their honest convictions but to sincerely consider the possibility of persuading others or being persuaded. 3. Individualized Allen Charge: In situations where one or a few jurors are at odds with the majority, the judge may deliver an individualized charge that specifically addresses those jurors' concerns or provides additional clarification on certain aspects of the trial. This approach aims to overcome specific obstacles preventing a unanimous decision. The Modified Allen Charge is considered a delicate matter as it should not unduly pressure or coerce jurors into reaching a verdict against their conscientious beliefs. The judge must strike a balance between encouraging cooperation and maintaining the jurors' independence and integrity. In summary, the Delaware Jury Instruction — Modified Allen Charge acts as a crucial tool to guide a divided jury towards a unanimous decision without resorting to a costly retrial. Through variations of this instruction, the judge prompts jurors to reflect on their positions, respect divergent viewpoints, and facilitate constructive deliberation. By employing the Modified Allen Charge, the Delaware justice system strives to uphold fairness and efficiency in criminal trials.

Delaware Jury Instruction — Modified Allen Charge: A Comprehensive Explanation The Delaware Jury Instruction — Modified Allen Charge is a legal instruction delivered to a jury when they are unable to reach a unanimous decision in a criminal trial. This charge is specifically designed to encourage jurors to continue deliberating in an effort to reach a consensus. It is derived from the United States Supreme Court case Allen v. United States (1896) and has since been modified to fit Delaware's legal framework. The purpose of the Modified Allen Charge is to provide additional guidance to the jurors during their deliberations and minimize the possibility of a mistrial due to a hung jury. Instead of declaring a mistrial and starting the trial process all over again, the judge delivers this charge as a last resort to motivate jurors to reconsider their positions and strive for a unanimous verdict. The Modified Allen Charge emphasizes to the jury the importance of reaching a verdict and reminds them of their duty as fact-finders. It typically encourages jurors to actively listen to opposing viewpoints, openly discuss evidence, and carefully consider the arguments put forth during the trial. In Delaware, there are variations of the Modified Allen Charge, including: 1. Traditional Modified Allen Charge: This instruction is based on the original Allen charge, which includes reminding jurors of the time and resources invested in the trial, the aim to avoid unnecessary expense and potential harm that a retrial may cause, and encouraging a reconsideration of individual positions. 2. Modernized Modified Allen Charge: This variation focuses on fairness, reminding jurors of the importance of respecting each other's opinions, and encouraging them to reevaluate their positions with an open mind. It emphasizes that a unanimous decision is not asking anyone to abandon their honest convictions but to sincerely consider the possibility of persuading others or being persuaded. 3. Individualized Allen Charge: In situations where one or a few jurors are at odds with the majority, the judge may deliver an individualized charge that specifically addresses those jurors' concerns or provides additional clarification on certain aspects of the trial. This approach aims to overcome specific obstacles preventing a unanimous decision. The Modified Allen Charge is considered a delicate matter as it should not unduly pressure or coerce jurors into reaching a verdict against their conscientious beliefs. The judge must strike a balance between encouraging cooperation and maintaining the jurors' independence and integrity. In summary, the Delaware Jury Instruction — Modified Allen Charge acts as a crucial tool to guide a divided jury towards a unanimous decision without resorting to a costly retrial. Through variations of this instruction, the judge prompts jurors to reflect on their positions, respect divergent viewpoints, and facilitate constructive deliberation. By employing the Modified Allen Charge, the Delaware justice system strives to uphold fairness and efficiency in criminal trials.