Michigan Jury Instruction - Modified Allen Charge

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Multi-State
Control #:
US-11CRT-6
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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.

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FAQ

If after considering all of the evidence, including any evidence that another person committed the offense, you have a reasonable doubt that the defendant committed the offense, you must find the defendant not guilty. Motive is not an element of the crime charged and need not be proven by the prosecution.

That's up to the court, but there are a number of grounds for excusing a person from jury service or postponing the service. ?Hardship? is one, and that could include lack of transportation, excessive travel, extreme financial burden, undue risk to physical property, and being over 70.

Our courts don't take skipping jury duty lightly. When a person ignores their summons to appear for service, they can be held in contempt of court. Penalties for doing so are significant and may include fines and actual jail time.

When writing your or your employee's jury duty excuse letter, you must include basic information like the juror number, date, and your mailing address. You also need to include the clerk's information. Include detailed information about why you or your employee needs to be excused from serving jury duty.

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.

Reasons for Being Excused from Jury Service Medical reasons. Public necessity. Undue hardship. Dependent care. Student Status. Military conflict. Other reason deemed sufficient by the court.

A request to be excused from jury service must be received by the Jury Department no later than 5 days before the start of your jury term. Excuse requests will be reviewed and decided by a federal judge. You will be notified once a decision is made. You are not considered excused until you are notified.

Our courts don't take skipping jury duty lightly. When a person ignores their summons to appear for service, they can be held in contempt of court. Penalties for doing so are significant and may include fines and actual jail time.

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Michigan Jury Instruction - Modified Allen Charge