Allen charge

An instruction advising deadlocked jurors to have deference for each other's views, that they should listen, with a disposition to be convinced, to each other's argument; deriving its name from the case of Allen v. United States, 164 U.S. 492, 17 S.Ct. 154, 41 L.Ed. 528, wherein the instruction was approved. Green v. U. S., C.A.Fla., 309 F.2d 852.

Variously called dynamite charge, shotgun instruction, third degree instruction. The Allen charge is prohibited in certain states; e.g. California, People v. Gainer, 19 Cal.3d 835, 566 P.2d 997, 139 Cal.Rptr. 861;

and while permissible in others, its use must be carefully examined by trial judge to determine its total effect on jury reaching verdict. Brown v. State, Del., 369 A.2d 682, 684