Be Very Careful Around Dynamite - A Primer on the Dynamite Charge

posted on January 28th, 2008 in Uncategorized by clint
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The term “dynamite charge” or Allen charge generally refers to a charge given the jury after deliberations have begun and when it appears the jury is deadlocked. The term arises from the intended effect to break the deadlock so that the jury reaches a unanimous decision. The Tennessee Supreme Court gives the following guidance when providing supplemental instructions to jurors:

(1) Jurors should be advised not to disclose how the jury may be divided;
(2) The only permissive inquiry by the court is about progress and whether further deliberations may be helpful;
(3) If giving supplemental instructions, the standard charge provided in Kersey v. State must be given; and
(4) The supplemental charge may only be given if it was included in the main charge.

If the trial court twice makes reference to the time and expense incurred for the trial, it is error. Any perceived criticism of an unanimous verdict is error. Both sides and the judge must be very careful. See Waters v. Coker, 2006 WL 1816240 (Tenn.App.) for a contemporary primer on the subject.

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