Legal Definitions - third-degree instruction

Third-degree instruction is a legal term used when a jury is unable to reach a verdict. It is also known as an Allen charge, dynamite charge, nitroglycerine charge, or shotgun charge. The court gives this instruction to encourage the jury to continue deliberating until they reach a verdict.

For example, in the case of U.S. v. Hill, the court gave a third-degree instruction to the jury when they were unable to reach a verdict. The instruction urged the jury to continue deliberating and try to reach a unanimous decision.

In another case, Allen v. U.S., the Supreme Court ruled that a third-degree instruction is legal and does not violate a defendant's right to a fair trial.

Overall, a third-degree instruction is a tool used by the court to help a jury reach a verdict when they are deadlocked. It is meant to encourage the jury to continue deliberating and to consider all the evidence presented in the case.