South Carolina Jury Instruction - Modified Allen Charge

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This form is a model for an Allen Charge, a statement made to the jury by the Judge when the jury is reporting problems reaching an agreement on a verdict. The text is annotated with cases approving the use of the Allen Charge.
The South Carolina Jury Instruction — Modified Allen Charge is a legal instruction provided to a jury in a criminal trial when they are deadlocked and unable to reach a unanimous verdict. This charge is also known as the Modified Allen Charge or the Allen Charge in South Carolina. The purpose of the Modified Allen Charge is to encourage jurors to continue deliberating and to strive for a unanimous decision. It is essential to ensure a fair trial and uphold the principles of justice. The charge emphasizes the importance of open-mindedness, listening to others' opinions, and making a genuine effort to understand different perspectives. South Carolina recognizes a few variations of the Modified Allen Charge. Some common types include: 1. South Carolina Jury Instruction — Modified Allen Charge Type 1: This instruction emphasizes that each juror should carefully consider the evidence and freely express their views. It encourages jurors to reevaluate their positions and take into account the opinions of fellow jurors. 2. South Carolina Jury Instruction — Modified Allen Charge Type 2: This charge reminds jurors that an unresolved case may result in either a mistrial or a trial starting from scratch. It underlines the potential burden and financial impact on the court system, motivating jurors to engage in open dialogue and reach a consensus. 3. South Carolina Jury Instruction — Modified Allen Charge Type 3: This instruction aims to alleviate any pressure or coercion that jurors may feel to conform to the majority's opinion. It emphasizes the significance of each juror's independent judgment while urging them to actively listen and consider alternative perspectives. The South Carolina Jury Instruction — Modified Allen Charge is a tool used by judges to address jury deadlock situations while ensuring a fair trial process. It seeks to balance individual jurors' rights and opinions with the need for a unanimous verdict. By employing the appropriate variation of the charge, judges aim to encourage respectful deliberation, promote collaboration, and ultimately reach a just decision.

The South Carolina Jury Instruction — Modified Allen Charge is a legal instruction provided to a jury in a criminal trial when they are deadlocked and unable to reach a unanimous verdict. This charge is also known as the Modified Allen Charge or the Allen Charge in South Carolina. The purpose of the Modified Allen Charge is to encourage jurors to continue deliberating and to strive for a unanimous decision. It is essential to ensure a fair trial and uphold the principles of justice. The charge emphasizes the importance of open-mindedness, listening to others' opinions, and making a genuine effort to understand different perspectives. South Carolina recognizes a few variations of the Modified Allen Charge. Some common types include: 1. South Carolina Jury Instruction — Modified Allen Charge Type 1: This instruction emphasizes that each juror should carefully consider the evidence and freely express their views. It encourages jurors to reevaluate their positions and take into account the opinions of fellow jurors. 2. South Carolina Jury Instruction — Modified Allen Charge Type 2: This charge reminds jurors that an unresolved case may result in either a mistrial or a trial starting from scratch. It underlines the potential burden and financial impact on the court system, motivating jurors to engage in open dialogue and reach a consensus. 3. South Carolina Jury Instruction — Modified Allen Charge Type 3: This instruction aims to alleviate any pressure or coercion that jurors may feel to conform to the majority's opinion. It emphasizes the significance of each juror's independent judgment while urging them to actively listen and consider alternative perspectives. The South Carolina Jury Instruction — Modified Allen Charge is a tool used by judges to address jury deadlock situations while ensuring a fair trial process. It seeks to balance individual jurors' rights and opinions with the need for a unanimous verdict. By employing the appropriate variation of the charge, judges aim to encourage respectful deliberation, promote collaboration, and ultimately reach a just decision.

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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.

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.

The judge may direct them to deliberate further, usually no more than once or twice. This direction is most commonly known as an Allen charge. If a verdict still cannot be delivered, at some point the judge will declare a mistrial due to the hung jury.

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Many federal circuits have pattern jury instructions formulated by committees of judges and practitioners and approved by the circuit for use in criminal cases. Oct 26, 2022 — In Rampey, the SC Supreme Court found that the trial court's Allen charge was coercive because it all but ordered the jurors to reach a verdict.Rather, this is a resource intended to aid in compiling proposed instructions for consideration by the presiding judge who will ultimately determine whether ... of a modified Allen charge after the jury reached deadlock upon finding the circumstances did not render the instruction coercive. See, e.g.,. United States ... These model jury instructions are written and organized by judges who are appointed to the Ninth Circuit Jury Instructions Committee by the Chief Circuit Judge. Nov 30, 2021 — Note that if the trial judge elects to give an Allen charge under G.S. 15A-1235(b), he or she must give the complete instruction. See State v. Jan 25, 2019 — Civil Procedure – Jury Instructions – Modified Allen Charge. Trial court did not abuse its discretion when it gave a modified Allen charge after ... The Charge, 10 places the modified Allen instruction in the general charge to the jury. The instruction reads, in part: It is your duty, as jurors, to talk ... “All or nothing” charge. A charge that multiple complaints rise or fall together, because the judge so views the weight of the evidence, is reversible error ... by P MARCUS · Cited by 35 — TWO MAJOR ARGUMENTS WERE EMPLOYED IN STRIKING DOWN THE ALLEN CHARGE AND THE MODIFIED INSTRUCTIONS: (1) JURORS WERE TOLD NOT TO BE CONCERNED EXCLUSIVELY WITH THE ...

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South Carolina Jury Instruction - Modified Allen Charge