An Allen charge encourages jurors to reexamine their views and attempt to reach a verdict, while cautioning against surrendering honest convictions. Some jurisdictions prohibit it or require modified versions.
Coercive charges are grounds for reversal.
Alternative Names:
Dynamite Charge, Deadlocked Jury Instruction
Why it Matters?
The coercion concern is why several jurisdictions have restricted or prohibited the traditional charge, since language directed at minority jurors can pressure them to abandon a genuinely held position. Modified versions address that by directing the instruction to all jurors equally. Objecting to a charge that singles out the minority preserves the issue, and the timing and content of the charge are both reviewable.
Frequently Confused with
Related terms
Frequently asked questions
Why is the traditional charge restricted?
What preserves an objection?
