Illinois 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. Illinois Jury Instruction — Modified Allen Charge: Detailed Description and Types In the legal system of Illinois, the "Modified Allen Charge" is a particular type of jury instruction given by the judge to encourage a jury that is deadlocked or experiencing difficulties in reaching a unanimous decision to continue deliberating and strive for consensus. Also known as the "Modified Allen Charge" or the "Modified Allen Instruction," it aims to reduce the likelihood of a mistrial and ensure fair deliberations. The Modified Allen Charge is based on the original Allen Charge, which was first introduced in the 19th century in the case of Allen v. United States. However, Illinois has adopted a modified version of the instruction to align with the state's legal framework. This instruction is typically provided towards the end of a trial when the jury has spent a significant amount of time deliberating but has failed to reach a unanimous verdict. The purpose behind giving this instruction is to remind jurors of their duty to deliberate and encourage them to reevaluate their positions and engage in further discussion. The Illinois Modified Allen Charge emphasizes that jurors should carefully consider the evidence presented, listen to and respect each other's viewpoints, and make a genuine effort to reach a unanimous verdict if possible. It also addresses potential concerns or discomfort that jurors may have expressed during the deliberation process. Variations or different types of the Illinois Modified Allen Charge may exist, each with slight variations in wording and emphasis. Some of these variations are: 1. First Modified Allen Charge: This instruction is typically given to a jury that has initially reported difficulty in reaching a unanimous verdict after its initial poll. It encourages jurors to review their opinions and engage in open discussions in an attempt to reach a consensus. 2. Second Modified Allen Charge: If the jury remains deadlocked even after receiving the initial Modified Allen Charge, a second instruction may be given. This charge is usually more assertive, emphasizing the importance of reaching a decision and resolving any disagreements. 3. Third Modified Allen Charge: In cases where the jury remains deadlocked after the second charge, a third Modified Allen Charge can be provided. This instruction further stresses the significance of unanimity and underlines the court's expectation of a verdict. It's important to note that the use and effectiveness of the Modified Allen Charge can vary depending on the case and the jury involved, and it is ultimately up to the discretion of the judge whether to utilize this instruction and in what form. The primary goal remains to promote deliberation, encourage unanimity, and ensure a fair trial process within the Illinois legal system.

Illinois Jury Instruction — Modified Allen Charge: Detailed Description and Types In the legal system of Illinois, the "Modified Allen Charge" is a particular type of jury instruction given by the judge to encourage a jury that is deadlocked or experiencing difficulties in reaching a unanimous decision to continue deliberating and strive for consensus. Also known as the "Modified Allen Charge" or the "Modified Allen Instruction," it aims to reduce the likelihood of a mistrial and ensure fair deliberations. The Modified Allen Charge is based on the original Allen Charge, which was first introduced in the 19th century in the case of Allen v. United States. However, Illinois has adopted a modified version of the instruction to align with the state's legal framework. This instruction is typically provided towards the end of a trial when the jury has spent a significant amount of time deliberating but has failed to reach a unanimous verdict. The purpose behind giving this instruction is to remind jurors of their duty to deliberate and encourage them to reevaluate their positions and engage in further discussion. The Illinois Modified Allen Charge emphasizes that jurors should carefully consider the evidence presented, listen to and respect each other's viewpoints, and make a genuine effort to reach a unanimous verdict if possible. It also addresses potential concerns or discomfort that jurors may have expressed during the deliberation process. Variations or different types of the Illinois Modified Allen Charge may exist, each with slight variations in wording and emphasis. Some of these variations are: 1. First Modified Allen Charge: This instruction is typically given to a jury that has initially reported difficulty in reaching a unanimous verdict after its initial poll. It encourages jurors to review their opinions and engage in open discussions in an attempt to reach a consensus. 2. Second Modified Allen Charge: If the jury remains deadlocked even after receiving the initial Modified Allen Charge, a second instruction may be given. This charge is usually more assertive, emphasizing the importance of reaching a decision and resolving any disagreements. 3. Third Modified Allen Charge: In cases where the jury remains deadlocked after the second charge, a third Modified Allen Charge can be provided. This instruction further stresses the significance of unanimity and underlines the court's expectation of a verdict. It's important to note that the use and effectiveness of the Modified Allen Charge can vary depending on the case and the jury involved, and it is ultimately up to the discretion of the judge whether to utilize this instruction and in what form. The primary goal remains to promote deliberation, encourage unanimity, and ensure a fair trial process within the Illinois legal system.