Before closing arguments, the parties confer with the judge about jury instructions. Each side submits proposed instructions, and the court holds a charging conference to resolve disputes. After closing arguments, the judge reads the instructions to the jury. Instructions typically cover the burden of proof, the elements of each claim or offense, credibility determinations, the role of sympathy, and the verdict form. Erroneous jury instructions are one of the most common grounds for appeal, making the charging conference a critically important part of trial procedure. Pattern jury instructions exist in most jurisdictions to provide standardized, appeal-proof language.
Judge: "Members of the jury, the plaintiff bears the burden of proving each element of negligence by a preponderance of the evidence. This means that the plaintiff must show it is more likely than not that: one, the defendant owed a duty of care; two, the defendant breached that duty; three, the breach caused the plaintiff's injuries; and four, the plaintiff suffered damages."
Defense Attorney: "Your Honor, we object to Proposed Instruction Number 14. It misstates the standard for proximate cause in this jurisdiction. We submit our alternative instruction based on the pattern jury instruction." Judge: "I'll review both overnight and rule in the morning."
Judge: "You must not consider the defendant's race, religion, national origin, or economic status in reaching your verdict. Your decision must be based solely on the evidence presented and the law as I have explained it."
Students often overlook the importance of preserving objections to jury instructions. Under Rule 51, a party must object to an instruction (or the failure to give one) before the jury retires, or the issue is waived on appeal unless it constitutes plain error.
Federal courts use pattern jury instructions developed by each circuit's judicial council, with judges having significant discretion. State courts vary widely — some require verbatim use of approved pattern instructions, while others allow substantial judicial modification.
Sullivan v. Louisiana, 508 U.S. 275 (1993)
Held that a constitutionally deficient reasonable doubt instruction is structural error requiring automatic reversal because no jury verdict actually occurred.
Bollenbach v. United States, 326 U.S. 607 (1946)
Established that jury instructions must state the law correctly and that failure to do so may deprive a defendant of a fair trial even absent defense objection.
Victor v. Nebraska, 511 U.S. 1 (1994)
Addressed the constitutional requirements for reasonable doubt instructions, holding that archaic language need not render an instruction unconstitutional if the charge as a whole conveys the correct concept.
What are jury instructions?
Jury instructions are legal directions given by the judge to the jury before deliberation begins. They explain the applicable law, define legal terms, describe the elements of each claim or charge, and instruct the jury on the burden of proof. Jurors are required to follow these instructions in reaching their verdict.
Can attorneys request specific jury instructions?
Yes, attorneys can and routinely do submit proposed jury instructions to the judge. Both parties typically submit their proposed instructions before closing arguments. The judge decides which instructions to give, and attorneys may object to the inclusion or exclusion of specific instructions to preserve appellate issues.
What happens if jury instructions contain errors?
Erroneous jury instructions can form the basis for appeal and reversal of the verdict. However, the error must be preserved by timely objection at trial. Appellate courts review instructional errors under different standards: structural errors require automatic reversal, while most errors are subject to harmless error analysis.
Can jurors ask for clarification of jury instructions?
Yes, jurors may send written questions to the judge requesting clarification of instructions during deliberation. The judge, after consulting with attorneys from both sides, may provide additional instruction, reread the original instruction, or decline to supplement the instructions. The process is handled in open court on the record.
The burden of proof refers to a party's obligation to prove the facts necessary to support their cla...
Closing argument (or summation) is each party's final presentation to the jury, delivered after all ...
Voir dire is the process by which prospective jurors are questioned to determine their qualification...
The verdict is the formal decision or finding made by a jury (or judge in a bench trial) on the fact...
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