Yes, I'm always asking basic questions on here while the rest of you who are past the basics are analyzing copper pipes!

I found case law talking about Allen charges being allowed in many cases--judge's discretion, not coercive, etc. Is there any case law that you all know of that says when they should be used?

Our judge uses it after the 2nd "deadlocked" note from the jury. He will tell them at least once to keep deliberating, then the 2nd time give them the dynamite!

Most of the cases on Allen charges focus on the language used in the charge. There are certain coercive phrases that should be avoided. In particular, you want to make sure you don't have the judge commenting on how the jury should come out on their voting.

Here is a sample of a charge we have used:

You are instructed that the law contemplates that a jury will reach a verdict. It is your duty to agree, if you can do so without violating conscientiously held convictions that are based on the evidence. No juror, from mere pride of opinion hastily formed or expressed, should refuse to agree. Yet, no juror, simply for the purpose of terminating the case, should acquiesce in a conclusion that is contrary to his own conscientiously held view of the evidence.

You should listen, with a disposition to be convinced, to the arguments of the other jurors. If possible, resolve your differences and come to a common conclusion, so that a verdict may be reached and this case may be disposed of.

Bear in mind that if you do not reach a verdict in this case that a mistrial will be granted and that the case can be tried again to a different jury, but the next jury will be in no better position to decide the case than you. Another trial would be a heavy burden on both sides.

There is no reason to believe that the case can be tried any better or more exhaustively than it has been tried. There is no reason to believe that more evidence or clearer evidene would be produced on behalf of either side.

Therefore, you are instructed that it is your duty to decide the case if you can conscientiously do so. You will now retire and continue your deliberations.