Utah 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.
By law, you can be required to participate in jury service only once every two years. You will not be required to attend court for possible jury service more than five days, except as necessary to complete service in a particular trial.
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.
If you do not fill out the Juror Questionnaire you may be ordered to appear before a Judge to explain why you failed to fulfill your legal obligation, penalties include $1,000 fine, imprisonment up to 3 days, community service or any combination thereof. NO COMPUTER ACCESS? NEED A PAPER QUESTIONNAIRE?
Everyone is inconvenienced to some degree by jury service, but for the system to work, people from all walks of life must be willing to serve. Those who refuse to complete the juror questionnaire or refuse to appear when called to serve are subject to fines and jail time for contempt of court.
Excuse from Service You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment. You provide care for a dependent and cannot afford to have someone cover for you. Serving would be an extreme financial burden.
Hung juries, also known as a ?deadlocked jury?, only occur in a jury trial. A case where there is no jury present, such as a bench trial, cannot result in a hung jury. When this happens, the judge must declare a mistrial and the case will either be retried, dismissed or plea bargained.
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.
No one is exempt from jury duty; however, you may request to be excused from jury duty for the following reasons: 1) A person who is over 70 years of age; 2) A person who has served as a justice court juror in the past two years; 3) A person who is caring full time for either (I) children under 10 years of age, or (II) ...