Nevada Jury Instruction - Modified Allen Charge
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How to fill out Jury Instruction - Modified Allen Charge?
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FAQ
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.
An example of a modified Allen Charge follows: Members of the Jury: I'm going to ask that you continue your deliberations in an effort to reach agreement upon a verdict and dispose of this case; and I have a few additional comments I would like for you to consider as you do so. This is an important case.
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana.
In assessing the coerciveness of an Allen charge, the Ninth Circuit considers "(1) the form of the instruction, (2) the time the jury deliberated after receiving the charge as compared to the total time of deliberation, and (3) any other indicia of coerciveness." United States v. Freeman, 498 F.
An Allen charge is when the judge asks the jury to return to deliberations to come to a unanimous decision after the jury tells the court they have reached an impasse.
Nevada Pattern Jury Instruction 10.09 tells a jury how to award damages in a case of diminished value. The court instructs the jury that if repairs don't fully restore the value of the damaged property, the jury should award the victim the difference between fair market value and the value post repair.
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.
NRS 41.141 establishes modified comparative fault in Nevada negligence cases. The law allows accident victims to recover damages even if they cause the accident in part. However, the victim's damages are reduced by the extent to which they're at fault for the accident.