Legal Definitions - dynamite charge

A dynamite charge refers to a specific instruction that a judge gives to a jury that has reported it cannot reach a unanimous verdict, often called a "hung jury." The purpose of this instruction is to encourage jurors to continue deliberating, re-examine their own views, and listen to the arguments of their fellow jurors in an effort to reach a consensus. However, the instruction also typically reminds jurors not to abandon their honest convictions simply to achieve a verdict or to give in to peer pressure.

This type of instruction is controversial because critics argue it can unduly pressure jurors, especially those holding a minority opinion, to change their minds against their conscience. Because of these concerns, some states do not permit judges to use dynamite charges, while federal courts and other states may allow them, often with carefully worded instructions designed to balance the goal of reaching a verdict with protecting individual juror integrity.

Here are some examples illustrating how a dynamite charge might be used:

• Example 1: High-Stakes Criminal Trial

  In a complex federal fraud trial, the jury has deliberated for five days and sends a note to the judge stating they are deadlocked 11-1. The judge, recognizing the significant time and resources invested in the trial, calls the jury back into the courtroom. The judge then delivers a carefully worded dynamite charge, reminding them of their duty to consider all evidence impartially, to listen to each other's perspectives, and to re-examine their own opinions if persuaded, but also emphasizing that no juror should surrender their honest belief solely for the purpose of reaching a verdict. The jury then returns to continue deliberations.

  This example illustrates a dynamite charge being used in a federal criminal case where a jury is deeply divided, highlighting the judge's attempt to encourage further deliberation without coercing a specific outcome.

• Example 2: Civil Personal Injury Case

  After a week-long civil trial concerning a severe car accident and significant damages, the jury reports to the judge that they are unable to agree on whether the defendant was negligent or on the amount of compensation. They indicate they are split 7-5. The judge, after confirming the deadlock, issues a dynamite charge. The judge explains that while reaching a verdict is important, each juror must decide the case for themselves based on the evidence and their conscience, and encourages them to continue discussing the evidence and the law as previously instructed.

  This scenario demonstrates the application of a dynamite charge in a civil context, where a jury's inability to agree on liability or damages can lead to a mistrial, and the instruction aims to facilitate a resolution.

• Example 3: State-Level Misdemeanor Case

  A jury in a state court misdemeanor assault case has been deliberating for a day and a half. They send a note to the judge stating they are "hopelessly deadlocked" at 10-2. The judge, after consulting with the attorneys, decides to give a modified dynamite charge. The judge reminds the jurors of the importance of their civic duty, encourages them to review the evidence and the instructions, and to consider whether their initial opinions might be re-evaluated in light of further discussion, but also cautions them against changing their minds simply to conform to the majority.

  Here, the dynamite charge is used in a state court setting for a less severe criminal matter, showing its broad applicability across different types of cases and jurisdictions where such instructions are permitted.