Dynamite Charges to the Jury
Point of Law points to a PrawfsBlawg post by David Hoffman explaining the use of "Allen" or "Dynamite" jury instructions telling jurors to continue deliberating even though they report being deadlocked.
The trial judge gave this instruction to the jury in the federal Vioxx trial, but the jury remained deadlocked.
The use of this instructions is controversial because of its coercive effect. Hoffman explains:
This instruction has hoary roots...but it still constitutional, although increasingly disapproved.... Why? Because of its incredible coercive power. The instruction uses shame/guilt (don't waste taxpayer money) pride (you folks are our last, best hope!); social pressure (listen to your fellows); and honor (you owe your country a verdict) in equal measure.
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