Q: Is it legal in Pennsylvania to use the Allen charge in any form.
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A:
The Pennsylvania Supreme Court explicitly prohibits the use of any form of Allen charge in criminal trials throughout the state. This decision was made to protect defendants' rights and prevent coerced jury verdicts.
Pennsylvania courts have developed alternative approaches when dealing with deadlocked juries. Instead of using an Allen charge, judges may give non-coercive instructions that remind jurors of their duty to deliberate without pressuring minority viewpoints to conform to the majority.
If you're handling a case in Pennsylvania and encounter a deadlocked jury, you'll need to follow the state's approved methods for addressing jury deadlock. The key is maintaining neutral language that encourages thoughtful deliberation while avoiding any suggestion of pressure or criticism toward dissenting jurors. For guidance on proper jury instructions in deadlock situations, you can refer to Pennsylvania's Standard Jury Instructions and relevant case law.
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