ALLEN CHARGE Meaning and
Definition
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The "Allen charge" is a legal term referring to a set of instructions given by a judge to a deadlocked jury encouraging them to re-examine their positions and attempt to reach a unanimous verdict. This term originated from the 1896 case of Allen v. United States, where the Supreme Court ruled that a judge could deliver additional instructions if a jury was unable to come to a decision.
The Allen charge serves as a way to break the impasse and avoid a mistrial. It emphasizes the importance of open-mindedness, respectful discussion, and reconsideration of viewpoints in an attempt to reach a consensus. The judge typically reminds the jurors of their duty to carefully consider the evidence, listen to and respect each other's opinions, and make every reasonable effort to reach a unanimous decision. The Allen charge can also convey that a retrial would be a time-consuming and costly process, further encouraging the jury to thoroughly deliberate and attempt to avoid such an outcome.
This jury instruction is often considered controversial due to concerns about coercion and compromise verdicts. Critics argue that the Allen charge may unduly pressure individual jurors to abandon their own firmly held convictions in favor of a majority decision. Nevertheless, courts have continued to use variations of the Allen charge to encourage deliberation and unanimity among deadlocked juries, with the understanding that it should be delivered in a fair and balanced manner, respecting the juror's individual rights and independence.
Common Misspellings for ALLEN CHARGE
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Etymology of ALLEN CHARGE
The term "Allen charge" is named after the American jurist and legal scholar Judge William B. Allen. However, it is sometimes mistakenly attributed to another jurist named William M. Allen, creating confusion.
The "Allen charge" refers to a particular jury instruction given by a judge in the United States to a deadlocked jury to encourage them to reach a verdict. Judge William B. Allen popularized this charge during his time on the bench in the 1890s. The instruction is often used in cases where the jury has been deliberating for an extended period and is unable to reach a unanimous decision.
Over time, this instruction became known as the "Allen charge" in honor of Judge William B. Allen's contribution to its use and development. Despite the misattribution to William M. Allen, the term "Allen charge" has stuck and continues to be used in legal contexts.
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