The San Bernardino California Jury Instruction — Modified Allen Charge plays a crucial role in the legal system by guiding juries during deliberations. Also known as the "Modified Allen Charge," this instruction is designed to encourage juror participation and cooperation in reaching a verdict. In San Bernardino, California, the use of the Modified Allen Charge is intended to break any potential impasse among jurors and promote further discussion. This instruction is typically given by the judge when the jury appears deadlocked or unable to come to a unanimous decision. The Modified Allen Charge consists of various types, including: 1. Standard Modified Allen Charge: This charge emphasizes the significance of reaching a unanimous verdict and encourages jurors to reconsider and discuss their views further. It stresses the importance of listening and respecting others' opinions while aiming to persuade those holding minority views to reevaluate their positions. 2. Balanced Modified Allen Charge: This instruction, while urging the jury to strive for unanimity, also emphasizes the significance of individual jurors maintaining their honest convictions. It encourages jurors to express their opinions openly and consider the viewpoints of others without compromising their own personal judgments. 3. Mini-Modified Allen Charge: Sometimes, the judge may decide to deliver a shorter, condensed version of the instruction if the situation is less severe or if a longer charge is unnecessary. The Mini-Modified Allen Charge still stresses the importance of unanimous decision-making but in a more concise manner. 4. Expanded Modified Allen Charge: Occasionally, the judge may modify the charge language to address specific circumstances and challenges faced by the jury. This expanded version is tailored to the unique dynamics of the case, ensuring that jurors receive clear guidance that aligns with the trial's requirements. In summary, the San Bernardino California Jury Instruction — Modified Allen Charge serves to motivate jurors to engage in meaningful deliberations, overcome deadlock, and reach a verdict. By using various forms of this instruction, judges aim to strike a delicate balance between encouraging unanimity and respecting individual perspectives.
San Bernardino California Jury Instruction - Modified Allen Charge
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An Allen charge is an instruction by the trial court that urges deadlocked jurors to reexamine the grounds for their opinions and to continue deliberations Page 16 11 to achieve a final verdict on all counts. Yeager v.
A hung jury, also called a deadlocked jury, is a judicial jury that cannot agree upon a verdict after extended deliberation and is unable to reach the required unanimity or supermajority. Hung jury usually results in the case being tried again.
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.
A general unanimity instruction informs the jury that the verdict must be unanimous, whereas a specific unanimity instruction indicates to the jury that they must be unanimous as to which specific act constitutes the offense charged. Commonwealth v.
The exact origin of the term ''hung jury'' to re- fer to a jury that is unable to arrive at a verdict is unclear to us. Apparently of Amer- ican origin, the usage of the word hung to refer to juries that cannot agree seems to match most closely to the meaning of the word hung as caught, stuck, or delayed.
Non- standard jury instructions are referred to as special instructions that are specially tailored to ensure compliance with the law and rules in a given case. Most states have pattern instructions that have been approved for use in different types of cases.
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.
On Tuesday, December 1, the court gave the jury what is known as an Allen charge. An Allen charge is sometimes called a dynamite charge because it blasts the jury to a verdict. Basically, it strongly very strongly encourages deadlocked jurors to reconsider their position.
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.