New York Jury Instruction - 3.3 Life Expectancy Of Decedent
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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.
Such an instruction became known as an Allen charge and is given when, after deliberation, a jury reports that it is deadlocked and unable to decide on a verdict. Because it is used to dislodge jurors from entrenched positions, the Allen charge is sometimes referred to as the "dynamite charge" or the "hammer charge."
If you appear for jury service and are not selected, you will not have to return again until you are notified by mail with another notice to report for jury service.
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.
If you are not convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant not guilty of that crime. If you are convinced beyond a reasonable doubt that the defendant is guilty of a charged crime, you must find the defendant guilty of that crime. CPL 300.10(2).
