North Carolina Jury Instruction - 4.4.2 Rule 10(b) - 5(b) Misrepresentations - Omissions Of Material Facts
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THE 'ALLEN CHARGE,' UNDER WHICH THE COURT MAY APPLY PSYCHOLOGICAL PRESSURE TO A JURY IN ORDER TO PRODUCE A VERDICT, IS EXAMINED CRITICALLY AND ITS ABOLITION URGED.
This means that the prosecution must convince the jury that there is no other reasonable explanation that can come from the evidence presented at trial. In other words, the jury must be virtually certain of the defendant's guilt in order to render a guilty verdict.
The Allen charge, often called the "dynamite charge," is a special instruction given to encourage deadlocked juries to reach agreement. The charge was first used in a Massachusetts case in 1851,3 and in 1896 was sanctioned by the Supreme Court in Allen v. United States.
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana.
An Allen charge asks jurors in the minority to consider the reasonableness of their views and to take the views of other jurors into account with a disposition toward being convinced.
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.