In an effort to prevent jury coercion by trial judges, the Florida Supreme Court crafted a jury instruction commonly referred to as an Allen charge that “allows a jury to continue deliberations, even after it has announced its inability to do so, where there is a reasonable basis to believe a verdict is possible, while cautioning jurors that they should not abandon their views just to get a verdict or to accommodate the majority.”8 The deadlock instruction is also referred to as a “dynamite charge” for its “ability to blow apart deadlock.”9

Florida Standard Jury Instruction (Crim.) 3.06 on jury deadlock evolved from the concerns about trial court interference with jury deliberations first voiced by the U.S. Supreme Court in Allen v. United States, 164 U.S. 492 (1896). In Allen, the Court held that a jury instruction asking the members of the jury to reconsider their initial conclusions was not unduly coercive such that a mistrial was required, stating:

While, undoubtedly, the verdict of the jury should represent the opinion of each individual juror, it by no means follows that opinions may not be changed by conference in the jury room. The very object of the jury system is to secure unanimity by a comparison of views, and by arguments among the jurors themselves . . . . It cannot be that each juror should go to the jury room with a blind determination that the verdict shall represent his opinion of the case at that moment, or that he should close his ears to the arguments of men who are equally honest and intelligent as himself.10

I know that all of you have worked hard to try to find a verdict in this case. It apparently has been impossible for you so far. Sometimes an early vote before discussion can make it hard to reach an agreement about the case later. The vote, not the discussion, might make it hard to see all sides of the case.

We are all aware that it is legally permissible for a jury to disagree. There are two things a jury can lawfully do: agree on a verdict or disagree on what the facts of the case may truly be.

There is nothing to disagree about on the law. The law is as I told you. If you have any disagreements about the law, I should clear them for you now. That should be my problem, not yours.

If you disagree over what you believe the evidence showed, then only you can resolve that conflict, if it is to be resolved.

[This last bit is key IMO]
I have only one request of you. By law, I cannot demand this of you, but I want you to go back into the jury room. Then, taking turns, tell each of the other jurors about any weakness of your own position. You should not interrupt each other or comment on each other’s views until each of you had a chance to talk. After you have done that, if you simply cannot reach a verdict, then return to the courtroom and I will declare this case mistried, and will discharge you with my sincere appreciation of your services.

You may now retire to continue with your deliberations.