Full question:
There is an Order or Instruction that a Judge can give the Jury in a criminal trial when they cannot come to an agreement on the verdict (hung jury) which spells out the Jury's obligation to come to a verdict. What is that order/instruction called?
- Category: Courts
- Date:
- State: Texas
Answer:
The order given to a hung jury is called an "Allen charge." This term comes from the case Allen v. United States, 164 U.S. 492 (1986), where the Supreme Court approved instructions encouraging a deadlocked jury to keep deliberating. The instructions suggest that jurors in the minority should consider the majority's arguments and reflect on whether their own views are reasonable. The Allen charge emphasizes that the verdict must represent each juror's individual decision, not just a consensus, and reminds the jury of their duty to reach a verdict if they can do so conscientiously.
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