What is an Allen case?

Asked by: Maynard Marks  |  Last update: April 29, 2026
Score: 4.1/5 (57 votes)

An "Allen case" usually refers to an Allen charge, a controversial jury instruction given by a judge to a deadlocked jury (a "hung jury") to encourage them to reach a unanimous verdict, named after the 1896 Supreme Court case Allen v. United States. Also called "dynamite" or "hammer" charges, they urge minority jurors to reconsider their views, though critics argue they can coerce verdicts by applying undue pressure, while some states prohibit them.

What is an Allen charge in court?

Allen charges (also referred to as dynamite, nitroglycerin, shotgun, or third-degree charges) refer to jury instructions given to a hung jury urging them to agree on a verdict.

What is the Allen charge in Alabama?

Allen Charge refers to a judicial instruction given to a jury that is unable to reach a unanimous verdict after deliberation. The purpose of this instruction is to encourage jurors to reconsider their positions and strive for agreement. Named after the landmark case Allen v.

What is the Allen charge in Texas?

THE 'ALLEN CHARGE,' UNDER WHICH THE COURT MAY APPLY PSYCHOLOGICAL PRESSURE TO A JURY IN ORDER TO PRODUCE A VERDICT, IS EXAMINED CRITICALLY AND ITS ABOLITION URGED.

What is the Allen charge in NY State?

When jurors cannot agree on a verdict and report this to a judge, the judge may issue further instruction to them to encourage those in the minority to reconsider their position. These instructions are known as an Allen charge or, more casually, as a dynamite charge.

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44 related questions found

What happens if the judge finds out you lied?

If a judge finds you lied under oath, you can face serious criminal charges like perjury, leading to prison time (often years), hefty fines, and a ruined reputation, but also potential case dismissal or severe negative impacts on your case, as it undermines the justice system's integrity. Consequences depend on the jurisdiction and severity but always involve legal repercussions, including felony charges and loss of credibility.
 

What is the best excuse to avoid jury duty?

The best ways to get out of jury duty involve claiming legitimate exemptions (like being over 70, a primary caregiver, or a student) or demonstrating undue hardship (serious medical issues, financial strain, or prior jury service), usually by contacting the court with supporting documentation like a doctor's note or employer letter, or by being honest about biases during voir dire (jury selection) so attorneys strike you; however, making extreme false statements can backfire, and the court always makes the final decision. 

What states prohibit Allen charges?

Twenty-two states have rejected the charge by judicial decision:

  • Alaska.
  • Arizona.
  • California.
  • Colorado.
  • Hawaii.
  • Idaho.
  • Kentucky.
  • Louisiana.

What is the 7 year rule in Texas?

The Texas 7-Year Rule limits background checks by prohibiting consumer reporting agencies from reporting most criminal history (arrests, civil suits, judgments, paid tax liens) older than seven years, but convictions are often an exception, potentially reportable indefinitely, though this is complex. Key exceptions to the 7-year limit for any record include jobs paying over $75,000 annually, certain insurance roles, government jobs, and in-home services, allowing deeper historical searches. The rule aims to give people a second chance, but federal law (FCRA) interacts, and specific roles often bypass these limits. 

How likely are you to get picked for jury duty?

The odds of being selected for jury duty vary, but generally, about 14-15% of U.S. adults get summoned, though only a fraction actually serve, with estimates suggesting under 5% of those summoned end up on a sworn jury, as many are excused or the need for their service ends. Factors like location, eligibility (age, citizenship, felony status), and the specific needs of local courts significantly impact individual chances, with federal service having even lower probabilities. 

What is a dynamite charge?

When juries report they are deadlocked, judges may deliver a supplemental instruction known as the dynamite charge which urges jurors to reexamine their views in an effort to reach a unanimous verdict.

Why do judges dislike jury nullification?

Judges often oppose jury nullification because it undermines the rule of law, creating legal instability, arbitrariness, and inconsistency, essentially letting jurors act as unelected lawmakers or judges by ignoring established statutes and evidence. They see it as a perversion of their duty to uphold the law and fear it disrupts the judicial system's integrity, allowing personal biases or emotions to override legal principles, potentially leading to unjust outcomes or anarchy, despite arguments that it can serve as a check on unjust laws. 

Can a doctor's note for anxiety get you out of jury duty?

Get a doctor's note online for jury duty exemption today

Whether you're managing a chronic illness, recovering from surgery, experiencing anxiety or other mental health conditions, or dealing with mobility limitations, many U.S. courts allow valid medical exemptions as long as they're properly documented.

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism. 

What is an allen?

Allen is a name of Celtic/Gaelic origin meaning "little rock," "harmony," or "handsome," stemming from words like ailin or Aluinn; it's used as a popular given name and surname, often linked to strength and steadfastness, with variations like Alan and Allan. It also refers to specific things like the hexagonal Allen key or famous individuals like Revolutionary War hero Ethan Allen. 

What are two things jurors should never do?

Two critical things jurors should never do are research the case or visit the scene independently, and discuss the case with anyone outside the jury, including family, friends, or on social media, to ensure the verdict relies solely on evidence presented in court. Violating these rules, like becoming an "amateur detective" or getting outside opinions, can lead to a mistrial because it introduces biased information, according to the California Courts website and the Western District of Pennsylvania court guide.
 

Do felonies go away after 7 years in Texas?

Criminal History in a Background Check

Under the federal Fair Credit Reporting Act (FCRA), arrest records cannot be reported after seven years. Criminal convictions, however, can be reported indefinitely under this law. Texas and several other states have laws to limit how long a criminal conviction can be reported.

Why is it hard for felons to get a job?

Employers may be reluctant to hire individuals with felony convictions due to concerns about their moral character, trustworthiness, reliability, etc. Laws have been passed aiming to prevent discrimination based on criminal records, but many employers still have biases against them.

Who inherits if there is no beneficiary in Texas?

In Texas, if you die without a will (intestate), your property goes to close family members based on specific laws, with the surviving spouse and children inheriting first, but how much depends on whether the property is community or separate, and if there are children from previous relationships; if no spouse or children, parents, then siblings, or more distant relatives inherit. Texas's rules for dividing assets, especially separate property, can be complex and often surprise people, so having a will is crucial for directing your estate as you wish.
 

What is the purpose of an Allen charge?

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.

Was OJ's jury all black?

From an original jury pool of 40 percent white, 28 percent black, 17 percent Hispanic, and 15 percent Asian, the final jury for the trial had ten women and two men, of whom nine were black, two white, and one Hispanic.

Can a judge overrule a unanimous jury?

In any trial the judge is the ultimate decision maker and has the power to overturn a jury verdict if there is insufficient evidence to support that verdict or if the decision granted inadequate compensatory damages.

Who would most likely be dismissed as a juror?

People most likely to be dismissed from jury duty are those with hardships (financial, medical, family caregiving), legal disqualifications (non-citizen, felon, non-English speaker), or those who show clear bias or inability to be impartial during questioning, often related to personal experiences with the justice system or specific case types. Lawyers use strikes to remove jurors who seem to favor one side or can't follow the law, while courts excuse others for significant burdens like being a primary caregiver or elderly. 

What not to say during jury duty?

At jury duty, avoid saying anything that shows bias, prejudges the case, disrespects the court, or reveals outside information; don't make sarcastic comments, overshare personal experiences, or claim you're too busy, but be honest about true hardships, as saying you'll be biased or have prior knowledge (like being a doctor in a medical case) can actually get you excused.