Maine Charge to a Hung Jury is a type of jury instruction given by a judge to a jury when the jury is having difficulty reaching a decision. This particular type of jury instruction is used when the jury has failed to reach a unanimous verdict after considering the evidence. It encourages the jurors to continue deliberating in an effort to reach a verdict. This charge is based on Maine's Rule of Civil Procedure 37B(d). The Maine Charge to a Hung Jury consists of three different types of instructions: the General Charge, the Modifying Charge, and the Final Charge. The General Charge is the main instruction given to the jury, which encourages them to continue their deliberations and to consider the evidence presented in court. The Modifying Charge is then given to the jury if they are unable to reach a verdict after considering the evidence. This instruction is more specific and directs the jury to re-examine their deliberations and to consider the evidence in more detail. The Final Charge is the last instruction given, which is more direct and encourages the jury to reach a unanimous verdict if at all possible. The Maine Charge to a Hung Jury is used to encourage the jury to reach a unanimous verdict, which is necessary for a criminal trial in the state of Maine. This charge can help to prevent a mistrial and ensure that justice is served.
Maine Charge to a Hung Jury
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FAQ
The term "Allen charge" is the generic name for a class of supplemental jury instructions given when jurors are apparently deadlocked; the name derives from the first Supreme Court approval of such an instruction in Allen v. United States, 164 U.S. 492, 501-02 (1896).
If there is a hung jury, the judge may order the jurors to deliberate further. This is known as an Allen charge and is generally only given once or twice. Often, juries will report that they are deadlocked after only deliberating for a short period of time.
Allen charges (also referred to as dynamite, nitroglycerin, shotgun, or third-degree charges) refer to jury instructions given to a hung jury urging them to agree on a verdict.
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.
If jurors remain undecided on a verdict, additional Allen charges may be issued to the jury. However, if repeated Allen charges fail to bring a hung jury to consensus, the judge will eventually declare a mistrial.
If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.
A hung jury is a jury that is unable to reach a verdict by the required voting margin. A hung jury will often lead to a retrial of the case. In some cases, the judge may instruct the jury to continue their deliberation, but this is not a common practice.
What happens if a jury is hung twice? If a jury is unable to reach a unanimous verdict and results in a hung jury, the case may be retried with a new jury. If the second jury is also unable to reach a verdict, the judge may declare a mistrial.