Legal Definitions - shotgun charge

A shotgun charge (also known by several other names, including "Allen charge" or "dynamite charge") refers to a specific instruction a judge gives to a jury that has reported it cannot agree on a verdict. When a jury is "hung" or deadlocked, meaning they are unable to reach a unanimous decision, the judge may issue a shotgun charge to encourage them to continue deliberating. The purpose of this instruction is to prompt jurors to reconsider their positions, listen to each other's arguments, and make a renewed effort to reach a verdict, thereby avoiding a mistrial.

The judge emphasizes the importance of reaching a decision, the time and resources already invested in the trial, and the need for jurors to engage in respectful discussion. However, the instruction also clarifies that no juror should abandon a sincerely held belief simply to conform or reach a verdict. It's a delicate balance designed to encourage resolution without coercing individual jurors.

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

• High-Profile Criminal Trial: Imagine a jury in a complex fraud case that has been deliberating for several days. They send a note to the judge stating they are hopelessly deadlocked, with some jurors convinced of the defendant's guilt and others believing there's insufficient evidence. To avoid the immense cost and public interest of a retrial, the judge might issue a shotgun charge. The judge would remind the jurors of their duty to carefully consider all evidence, respect differing viewpoints, and make a good-faith effort to reach a unanimous verdict, while also cautioning them not to surrender their honest convictions solely for the purpose of agreement.

• Civil Dispute Over a Business Contract: Consider a lengthy civil trial concerning a multi-million dollar breach of contract dispute between two corporations. After a week of deliberations, the jury informs the judge they are split 6-6 and cannot agree on liability or the amount of damages. The judge, wanting to resolve the dispute without the need for another lengthy and expensive trial for both parties, delivers a shotgun charge. The instruction would encourage the jurors to review the evidence, discuss their reasoning with an open mind, and attempt to find common ground or persuade each other based on the facts presented in court.

• Robbery Case with Conflicting Testimony: In a robbery trial, the jury has deliberated for a day and a half. They send a note indicating they are stuck, with a few holdout jurors preventing a unanimous decision, possibly due to conflicting witness testimonies. The judge, recognizing the potential for a mistrial and the need for judicial efficiency, gives a shotgun charge. This instruction would encourage the jurors to engage in further discussion, re-examine the evidence, and consider whether their initial positions are still valid after hearing their fellow jurors' perspectives, without pressuring any individual to abandon a sincerely held belief.