Kentucky Jury Instruction - Modified Allen Charge
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After the closing arguments, the judge will give the jury its final instructions. Both sides may contest the content of those instructions because they can have an enormous effect on the jury's verdict. During deliberations, the jurors may have questions about the evidence or the instructions.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judge's charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
If the jury is allowed to separate (leave the courthouse) during deliberation, the judge will have the jury come to the box and will instruct them regarding the separation. In a criminal case, the bailiff should check with the judge about whether the defendant should be present.
Judge's Instructions on the Law Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judge's instruction to the jury.
When jurors cannot agree on a verdict and report this to a judge, the judge may issue further instruction to them to encourage those in the minority to reconsider their position. These instructions are known as an Allen charge or, more casually, as a dynamite charge.
Not all circuits have published jury instructions: the Second and Fourth Circuits do not. The United States Court of Appeals for the Federal Circuit is a unique court in that it has nationwide jurisdiction in a variety of subject areas. Appeals are heard by panels comprised of three judges.
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At the end of a trial, the judge instructs the jury on the applicable law. While the jury must obey the judge's instructions as to the law, the jury alone is responsible for determining the facts of the case from the differing versions presented by the parties at trial.