Allen charge


Allen charge
An instruction advising deadlocked jurors to have deference for each other's views, that they should listen, with a disposition to be convinced, to each other's argument; deriving its name from the case of Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528, wherein the instruction was approved. Green v. U. S., C.A.Fla., 309 F.2d 852.
Variously called dynamite charge, shotgun instruction, third degree instruction. The Allen charge is prohibited in certain states; e.g. California, People v. Gainer, 19 Cal.3d 835, 566 P.2d 997, 139 Cal.Rptr. 861;
and while permissible in others, its use must be carefully examined by trial judge to determine its total effect on jury reaching verdict. Brown v. State, Del., 369 A.2d 682, 684

Black's law dictionary. . 1990.

Look at other dictionaries:

  • Allen charge — Al·len charge / a lən / n [from the Supreme Court case Allen v. United States, 164 U.S. 492 (1896), which upheld the right of a trial judge to make such a charge]: a charge to a deadlocked jury to make a further effort to reach a verdict esp. by… …   Law dictionary

  • Allen charge — In United States jurisprudence, an Allen charge, named for the case Allen v. United States , 164 U.S. 492 (1896), is the set of instructions given to a jury when, after deliberation, it reports that it is unable to decide on a verdict. The… …   Wikipedia

  • Allen charge — The charge in an instruction approved in Allen v United States, 164 US 492, 41 L Ed 528, 17 S Ct 154, that the jurors should examine the questions submitted with candor and with a proper regard and deference to the opinions of each other …   Ballentine's law dictionary

  • Allen v. United States (1896) — Allen v. United States Supreme Court of the United States Full case name Allen v. United States …   Wikipedia

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