Legal Definitions - nitroglycerine charge

A nitroglycerine charge is another name for an Allen charge, which is a supplemental instruction given by a judge to a jury that has declared itself deadlocked and unable to reach a unanimous verdict.

The term "nitroglycerine charge" (or sometimes "dynamite charge") is a metaphor. Nitroglycerine is a powerful explosive, and the instruction is so named because it is intended to "blast open" or "break up" a jury's deadlock. The instruction encourages jurors to reconsider their positions, listen to the arguments of their fellow jurors, and make a renewed effort to reach a unanimous verdict, without, however, surrendering their honest convictions solely for the purpose of reaching a verdict. Its goal is to avoid a mistrial, which would necessitate a costly and time-consuming retrial.

Here are some examples of how a nitroglycerine charge might be applied:

• Example 1: Complex Fraud Trial

  In a lengthy and complex criminal trial involving allegations of corporate fraud, the jury has deliberated for several days and sends a note to the judge stating they are hopelessly deadlocked. Some jurors are convinced of the defendant's guilt, while others firmly believe in their innocence. Rather than immediately declaring a mistrial, the judge brings the jury back into the courtroom and delivers a nitroglycerine charge. This instruction reminds them of the importance of reaching a verdict if possible, encourages them to re-examine the evidence, and to respectfully consider the viewpoints of their fellow jurors, all while maintaining their individual, honestly held beliefs. The "explosive" nature of the charge lies in its forceful attempt to break the impasse and prompt further deliberation.

• Example 2: Personal Injury Lawsuit

  A jury in a civil personal injury lawsuit is struggling to agree on whether the defendant was negligent and, if so, the appropriate amount of damages to award the plaintiff. After hours of deliberation, they inform the judge they are at an impasse. To avoid the significant expense and inconvenience of a retrial for both parties, the judge issues a nitroglycerine charge. This instruction urges the jurors to continue their discussions, to reflect on the evidence presented, and to strive for a resolution if they can do so without compromising their deeply held convictions. The term highlights the judge's effort to "ignite" further deliberation and move the jury towards a unanimous decision.

• Example 3: High-Profile Environmental Case

  In a highly publicized environmental pollution case against a large corporation, the jury has been deliberating for over a week. They send a note to the judge indicating they are unable to reach a unanimous decision, with a few jurors holding out against the majority. Given the public scrutiny and the substantial resources already invested in the trial, the judge decides to issue a nitroglycerine charge. This instruction serves as a strong encouragement for the jurors to continue their deliberations, to respectfully consider the opinions of their fellow jurors, and to strive for a verdict, provided they can do so without abandoning their sincere beliefs. The "nitroglycerine" metaphor underscores the court's forceful, last-ditch effort to achieve a verdict and avoid the disruptive and costly outcome of a hung jury.