TheAllen Charge: Expedient justice or coercion?

The Allen Charge is a trial instruction the presiding judge issues to the jury to encourage a quick verdict when the decisionmaking process appears to have stalled. The Allen Charge has been the subject of extensive legal writing and controversy. However, empirical examinations are rare. This study...

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Bibliographic Details
Main Author: Lanier, Mark M. (Author)
Contributors: Miller, Cloud
Format: Electronic Article
Language:English
Published: 2000
In: American journal of criminal justice
Year: 2000, Volume: 25, Issue: 1, Pages: 31-40
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Keywords:
Circuit Court
Unanimous Decision
Guilty Verdict
Trial Judge
Lower Court
Description
Summary:The Allen Charge is a trial instruction the presiding judge issues to the jury to encourage a quick verdict when the decisionmaking process appears to have stalled. The Allen Charge has been the subject of extensive legal writing and controversy. However, empirical examinations are rare. This study begins to address the coercive nature of the Allen Charge by providing a description of every federal case appealed from 1964 through March 1999 due to the use of this directive. The 566 cases analyzed indicate the type of crime, holiday season, and defendant gender are associated with affirmation of a guilty verdict. Policy suggestions include a critical reexamination of the use of the Allen Charge.
ISSN:1936-1351
DOI:10.1007/BF02886809