The following instructions are provided for situations that might arise while the jury is deliberating:<\/p>\n
CR03-101.\u00a0 Hung Jury Charge (Allen charge)<\/a>\u00a0(06\/18\/03).\u00a0This is a version of the so-called \u201cAllen<\/u> charge,\u201d a term that derives from Allen v. United States<\/u>, 164 U.S. 492, 501 (1896), where the U.S. Supreme Court upheld a supplemental jury instruction to continue deliberations. Many states, including Vermont, have since rejected the traditional Allen<\/u> charge as impermissibly coercive and instead adopted ABA Standard 15-5.4. State v. Rolls<\/u>, 2020 VT 18, \u00b6\u00b6 13\u201315. \u201c[A] trial court may issue a supplemental jury instruction to encourage a jury to continue deliberations when they cannot agree on a verdict\u201d and \u201c[p]roviding such an instruction is a matter within the court\u2019s sound discretion.\u201d Id<\/u>. \u00b6 17. However, a court \u201cmay not issue\u201d such an instruction \u201cthat coerces the jury into arriving at a verdict.\u201d Id<\/u>. Nor may it issue \u201ca traditional\u00a0Allen<\/u>\u00a0charge or any instruction that substantially deviates from ABA Standard 15-5.4.\u201d Id<\/u>.<\/p>\n While an instruction that adheres to the ABA Standard \u201cwill not be inherently coercive, . . . whether such an instruction is coercive in a particular case will depend on the facts of that case\u201d and may require a court to consider \u201cthe language of the instruction [and] its surrounding circumstances,\u201d including \u201cthe timing of the instruction and verdict, errors in the proceedings, and whether the court has imposed an artificial time limit on the length of deliberations.\u201d Id<\/u>. \u00b6\u00b6 16\u201317; see also<\/em> id<\/u>. \u00b6\u00b6 18\u201320 (trial court\u2019s supplemental instruction to continue deliberations was a \u201cpermissible, noncoercive charge that mirrored the ABA standards\u201d); State v. Perry<\/u>, 131 Vt. 337, 339\u201341 (1973) (same).<\/p>\n This instruction is intended to adhere to the applicable ABA Standard as discussed in Rolls<\/u>, 2020 VT 18 and Perry<\/u>, 131 Vt. 337.\u00a0 Use this instruction with caution, and only after reviewing Rolls<\/u> and Perry<\/u>.\u00a0 The judge should discuss this instruction with the attorneys before giving it to the jury.<\/p>\n CR03-106.\u00a0 Partial Verdict Charge<\/a>\u00a0(11\/20\/09).\u00a0\u00a0<\/em>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.\u00a0 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.\u00a0 State v. Perry<\/em>, 131 Vt. 337, 339 (1973).\u00a0 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.<\/p>\n","protected":false},"excerpt":{"rendered":" The following instructions are provided for situations that might arise while the jury is deliberating: CR03-101.\u00a0 Hung Jury Charge (Allen charge)\u00a0(06\/18\/03).\u00a0This is a version of the so-called \u201cAllen charge,\u201d a term that derives from Allen v. United States, 164 U.S. … Continue reading