Hung Juries

The following instructions are provided for situations that might arise while the jury is deliberating:

CR03-101.  Hung Jury Charge (Allen charge) (06/18/03).  This is a version of the so-called Allen charge.  Use with caution.  State v. Perry, 131 Vt. 337, 339 (1973).  The judge should discuss this instruction with the attorneys before giving it to the jury.

CR03-106.  Partial Verdict Charge (11/20/09).  This variation on the hung-jury charge is meant for those situations in which there are multiple counts and the jury has indicated that they cannot agree, but it is not clear whether the jury cannot agree on any count or only on some of the counts.  As with the hung-jury charge, CR03-101, this instruction should be used with caution, and the judge should discuss it with the attorneys before giving it to the jury.  State v. Perry, 131 Vt. 337, 339 (1973).  This instruction is meant for cases involving multiple counts, as opposed to cases in which the jury has been asked to consider lesser-included offenses.

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