Legal Definitions - third-degree instruction

A third-degree instruction is a specific directive given by a judge to a jury that has informed the court it is unable to reach a unanimous verdict. The purpose of this instruction is to encourage the jurors to continue deliberating, reconsider their individual positions, and engage in further discussion with their fellow jurors in an effort to arrive at a consensus. It reminds them of the importance of reaching a verdict if possible, without pressuring any juror to abandon their honestly held beliefs. This instruction is also commonly known as an Allen charge or a dynamite charge.

Here are some examples illustrating a third-degree instruction:

• Imagine a jury in a complex fraud trial that has been deliberating for several days. They send a note to the judge stating they are split 9-3 and believe they cannot agree on a verdict for the defendant. In response, the judge might issue a third-degree instruction, urging them to go back to the deliberation room, listen carefully to each other's arguments, and explore if there's any way to bridge their differences to reach a unanimous decision. This encourages them to make one last effort before a mistrial is declared.

• Consider a civil lawsuit involving a dispute over a construction contract, where the jury needs to decide both liability and the amount of damages. After several hours, the jury foreperson informs the judge that they are deadlocked on whether the defendant breached the contract and, if so, how much money should be awarded. The judge could then give a third-degree instruction, asking the jurors to return to deliberations with an open mind, review the evidence, and attempt to find common ground on the factual and financial issues to resolve the case.

• In a criminal case involving charges of assault, the jury has deliberated for a full day and reports to the judge that they are unable to agree on whether the prosecution proved its case beyond a reasonable doubt. Before accepting a hung jury, the judge might provide a third-degree instruction. This instruction would remind the jurors of their duty to try and reach a verdict, encouraging them to thoughtfully re-examine the evidence and arguments presented, without forcing anyone to compromise their conscience, in hopes of achieving a unanimous decision.