New Mexico Jury Instruction - Modified Allen Charge
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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. Deadlocked Juries and Dynamite: A Critical Look at the "Allen Charge" uchicago.edu ? cgi ? viewcontent uchicago.edu ? cgi ? viewcontent
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.
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California.
While they may sound quite forceful, intimidating, or even strongly imply that a juror must or should change their verdict, Allen charges do not require jurors to change their votes or reach a verdict. If you conscientiously believe your vote is just, you should NOT change it for the sake of delivering a verdict.
Although an Allen charge varies by jurisdiction and even from judge to judge, since its purpose is to prevent a hung jury, it generally calls jurors' attention to the significant time and expense of a trial and urges them to reconsider their vote, especially if they are in the minority.
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. Allen charge | Wex | US Law | LII / Legal Information Institute cornell.edu ? wex ? allen_charge cornell.edu ? wex ? allen_charge