Define: Allen Charge

An Allen Charge, also known as a dynamite charge or a third-degree instruction, is a supplemental instruction given by a judge to a deadlocked jury in a criminal trial. It encourages the jurors to reexamine their positions and attempt to reach a unanimous verdict.

An Allen Charge is usually given when the jury informs the judge that they are unable to reach a unanimous verdict after a reasonable amount of deliberation.

An Allen Charge instructs the jury to carefully consider the opinions of their fellow jurors, listen to their arguments, and be open to changing their own position if convinced by the reasoning of others.

No, an Allen Charge is typically only given in criminal trials. In civil trials, the judge may give similar instructions, but they are not referred to as an Allen Charge.

An Allen Charge can be considered coercive if it unduly pressures jurors to reach a verdict against their own judgment. However, the language used in an Allen Charge is carefully crafted to avoid coercion and instead encourage further deliberation.

If the jury remains deadlocked even after receiving an Allen Charge, it may result in a mistrial. The case may then be retried with a new jury.

Yes, both the defence and prosecution can object to the giving of an Allen Charge. They may argue that it is coercive or that it improperly influences the jury’s decision-making process.

Yes, judges must follow specific guidelines when giving an Allen Charge to ensure it is fair and impartial. The language used should not favor one side over the other, and it should emphasize the importance of individual jurors’ opinions.

An Allen Charge can be appealed if it is found to be improperly given or if it unduly coerces the jury. However, successful appeals based on an Allen Charge are relatively rare.

Yes, there are alternative instructions that judges can give to a deadlocked jury. These instructions may vary depending on the jurisdiction and the judge’s discretion.