NCJ Number
6980
Journal
American Criminal Law Review Volume: 10 Issue: 3 Dated: (SPRING 1972) Pages: 637-670
Date Published
1972
Length
34 pages
Annotation
ANALYSIS OF THE CONSTITUTIONAL DRAWBACKS IN ADMINISTERING ALLEN INSTRUCTIONS TO DEADLOCKED JURIES, AND A PROPOSED ALTERNATIVE TO ALLEN-TYPE CHARGES.
Abstract
THROUGHOUT THIS CENTURY, TRIAL JUDGES HAVE OFTEN UTILIZED THE ALLEN CHARGE, A TRIAL PROCEDURE IN WHICH THE JUDGE ADMINISTERS FURTHER INSTRUCTIONS TO A DEADLOCKED JURY IN AN EFFORT TO ENCOURAGE UNANIMITY IN RETURNING A VERDICT AND THEREBY AVOID A MISTRIAL. THIS ARTICLE REVIEWS THE FUNCTION OF THE JURY. IT THEN CONSIDERS THE POSSIBILITY THAT ALLEN-TYPE CHARGES UNCONSTITUTIONALLY COERCE THE JURY, THUS DEPRIVING THE ACCUSED OF HIS SIXTH AMENDMENT RIGHT TO TRIAL BY AN IMPARTIAL JURY AND OF HIS FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS. IT IS ALSO ARGUED THAT THE COERCIVE TENDENCIES INHERENT IN ALLEN INSTRUCTIONS UNDERMINE THE SIGNIFICANCE OF A UNANIMOUS VERDICT AND DILUTE THE REQUIREMENT THAT A DEFENDANT BE PRESUMED INNOCENT UNLESS GUILT CAN BE PROVED BEYOND A REASONABLE DOUBT. IT IS PROPOSED THAT THE ABA MINIMUM STANDARDS FOR CRIMINAL JUSTICE, WHICH PERTAIN TO INSTRUCTING A DEADLOCKED JURY, OFFER A VIABLE ALTERNATIVE TO THE ALLEN APPROACH, AN ALTERNATIVE RELATIVELY FREE FROM BOTH CONSTITUTIONAL AND PRACTICAL PROBLEMS.