What Is an Allen Charge?

When presiding over a jury trial, a judge has the authority to craft a special instruction to jurors called an Allen Charge. Named after the 1896 Supreme Court case of Allen v. United States, an Allen Charge is intended to encourage jurors who have reached an impasse in their deliberations to try to reach a unanimous verdict by revisiting and considering new aspects of the case.

How Does an Allen Charge Work?

In general, an Allen Charge informs jurors that although they must arrive at a unanimous decision, they should be open-minded and listen to each other’s points of view. It can also include language that discourages a juror from voting for a guilty verdict simply to reach unanimity.

When Is an Allen Charge Used?

Typically, a judge issues an Allen Charge when jury deliberations have reached an impasse after 10-12 hours, and the jurors are unable to reach a decision. The judge then instructs the jury to continue deliberating in the hopes that the remaining jurors can be swayed by the views of those who are in the minority.

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Example of an Allen Charge

The following is an example of an Allen charge issued by a judge to a jury: “Members of the jury, you have now been deliberating for 10 hours and it appears you are unable to reach a unanimous verdict. I am not suggesting that any of you should give up your honest belief as to the weight or effect of the evidence. However, you should carefully review the evidence and consider how each of your opinions can influence the others. In the course of your deliberations, it is your duty to reach agreement, if you can do so without surrendering your conviction as to the correctness of your opinion. Ultimately, you must decide whether it is your opinion that the defendant has been proven guilty beyond a reasonable doubt or not.”

Related Legal Concepts

The Allen charge is one type of jury instruction, similar to other specialized charges that judges may give during trial proceedings. While an Allen charge specifically addresses deadlocked juries, judges also utilize various other types of charge instructions throughout criminal and civil proceedings. Understanding the broader concept of charge as a judicial instruction helps contextualize when and why courts employ these specific interventions during deliberations.

The Bottom Line

An Allen charge serves as a judicial tool to encourage deadlocked juries to continue deliberating while respecting individual jurors’ convictions. This instruction aims to break impasses without coercing jurors into abandoning their honest beliefs about the evidence. The charge represents a balance between the legal system’s preference for unanimous verdicts and the protection of individual juror independence in decision-making. For guidance specific to your situation, always consult a qualified, licensed attorney.