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Home / Opinion Digests / Criminal Practice / Criminal Practice Jury & Jurors – Constitutional – Allen Charge – Coercive (access required)

Criminal Practice Jury & Jurors – Constitutional – Allen Charge – Coercive (access required)

The trial judge’s Allen charge – telling jurors they “should” reach a verdict, emphasizing the cost of a retrial, and failing to tell the jurors they should not surrender their conscientiously held beliefs simply for the sake of reaching a verdict – was unconstitutionally coercive. We reverse defendant’s convictions for murder, attempted murder, and possession of ...

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