The South Dakota Jury Instruction — Modified Allen Charge is a legal concept that pertains to jury deliberations in the state of South Dakota. It is essential to understand the various aspects, types, and significance of this charge in the legal system. The Modified Allen Charge, also known as the Allen Charge or the dynamite charge, comes into play when a jury fails to reach a unanimous verdict. In South Dakota, the Modified Allen Charge aims to encourage jury members to re-evaluate their positions, reconsider the evidence, and strive towards a consensus. This instruction is provided by the judge and is designed to address any deadlock, impasse, or disagreement within the jury. Its purpose is to inspire thoughtful discussions and promote a resolution in the case. The specific content and wording of the South Dakota Jury Instruction — Modified Allen Charge may vary slightly, but they all share the same goal. Some variations may include highlighting the importance of reaching a verdict, emphasizing the value of individual perspectives, and urging jurors to carefully listen to one another's opinions. The instruction may also request jurors to thoroughly review the evidence and arguments presented during the trial while being respectful and open-minded towards differing viewpoints. By delivering the Modified Allen Charge, the judge intends to motivate jurors to continue their discussions, remain engaged in the process, and strive towards unanimity. However, it is important to note that the Modified Allen Charge does not coerce jurors into changing their personal convictions or surrendering their principles. Rather, it encourages a focused and diligent evaluation of the evidence to ensure a fair and just outcome in accordance with the law. In South Dakota, some notable types of Modified Allen Charges include: 1. Standard Modified Allen Charge: This is the most commonly used form of the instruction and encompasses the general principles and concepts mentioned above. 2. Case-Specific Modified Allen Charge: In unique circumstances, the judge may tailor the instruction to address specific issues or challenges faced by the jury. This customization aims to provide guidance and clarity regarding the case at hand. 3. Enhanced Modified Allen Charge: In situations where the jury appears particularly deadlocked or unable to reach a verdict, an enhanced version of the charge may be given. This modified instruction emphasizes the importance of further deliberation and may include additional persuasive language to ensure a thorough examination of the evidence. The use of the South Dakota Jury Instruction — Modified Allen Charge is regulated by the court, aiming to maintain fairness, uphold the principles of justice, and encourage a diligent decision-making process by the jury. It serves as a valuable tool in navigating the complexities of jury deliberations, promoting open discussion, and facilitating the pursuit of consensus while respecting the individual perspectives and rights of each juror.
South Dakota Jury Instruction - Modified Allen Charge
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Hear this out loud PauseWhen 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.
Twenty-two states have rejected the charge by judicial decision: Alaska. Arizona. California. Colorado. Hawaii. Idaho. Kentucky. Louisiana.
Hear this out loud PauseIn the event of a mistrial, the defendant is not convicted, but neither is the defendant acquitted. An acquittal results from a not guilty verdict and cannot be appealed by the prosecution, overturned by the judge, or retried. When there is a mistrial, however, the case may be retried.
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.
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.
Any person who fails to comply with the summons may be fined not more than $1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof?.
Hear this out loud PauseUltimately, a hung jury is not a definitive outcome, and the case may still be resolved in favor of either the prosecution or the defense through a retrial or plea bargain.
Any member of a church or religious organization is exempt from jury duty if jury service conflicts with the religious belief of that church or religious organization. Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror.