The Oregon Jury Instruction — Modified Allen Charge, sometimes known as the Allen Charge or the Allen Instruction, is an important legal concept used in Oregon courtrooms during jury deliberations. This charge is given by the judge to the jury if they are struggling to reach a unanimous verdict. The purpose of the Modified Allen Charge is to encourage jurors to continue their deliberations and work towards a consensus. It reminds jurors of their duty to carefully consider all the evidence presented during the trial and to listen respectfully to their fellow jurors' opinions. It does this while also aiming to prevent any improper coercion or undue influence on the jurors' decision-making process. The Modified Allen Charge in Oregon is carefully crafted to be fair and impartial, respecting both the rights of the defendant and the integrity of the jury system. The charge emphasizes the importance of each juror's individual judgment and the value of a well-functioning deliberative process. Different variations of the Oregon Jury Instruction — Modified Allen Charge may exist, although there is no specific naming convention for each variation. The key elements of a Modified Allen Charge typically include: 1. Reminder of the jurors' duty: The charge reminds jurors of their duty to deliberate with an open mind and to carefully consider the evidence and instructions provided by the court. 2. Encouragement to exchange views: Jurors are encouraged to respectfully discuss the case with their fellow jurors, without sacrificing their honestly held beliefs. 3. Importance of cooperation: The charge stresses the importance of cooperation and a willingness to reexamine one's own views in light of the arguments and opinions presented during deliberation. 4. No rush to judgment: Jurors are reminded that it is acceptable for deliberations to take time. There is no predetermined timeframe for reaching a verdict. 5. No surrender of principle: The charge assures jurors that they should not abandon their honest beliefs solely to reach a unanimous verdict. However, they are encouraged to carefully consider the perspectives and reasoning of their fellow jurors. 6. The possibility of a mistrial: Although rarely mentioned, the Modified Allen Charge may inform the jurors that if they are unable to reach a unanimous verdict, the court may be required to declare a mistrial, which could result in a new trial with a new jury. 7. Respect for the judicial process: Jurors are urged to respect the Judicial system and understand the value of reaching a verdict by their own honest efforts rather than relying on another jury. In summary, the Oregon Jury Instruction — Modified Allen Charge is a tool used by judges to encourage a unanimous verdict through respectful deliberations. It emphasizes the importance of each juror's opinion while fostering cooperation and consideration for differing views. By implementing this charge, Oregon courts aim to uphold the fairness and integrity of the jury system, ensuring a just and constitutional process.