Jury Instructions – One of the most important parts of a criminal trial that most people never ask their criminal defense lawyer about prior to trial. 

The case against President Donald Trump in New York City following weeks of trial is over but the outcome could likely affect the outcome of the 2024 Presidential Election! Prior to deliberations, the trial judge provided jury with instructions which it used to determine the case’s outcome.  We very rarely hear about jury instructions in the news and they are usually never a part of any courtroom TV or movie drama.  Jury Instructions are nevertheless a critical part of any criminal case! 

What are jury instructions and why are they important? 

Jury instructions are a topic which rarely receive any attention. Those unfamiliar with the legal profession or those who have never served on a jury are probably not even aware that prior to the start of jury deliberations a great deal of time is taken to instruct the jury on what they may or may not consider during the course of those deliberations.

Jury instructions not only include the elements of the charges against the defendant which the prosecution must prove beyond a reasonable doubt, they also include instructions on other evidentiary issues like testimony. Subjects such as the defendant’s good character, circumstantial versus direct evidence, inconsistent statements, and even statements made by the attorneys during the course of the trial are discussed in jury instructions. The defense and prosecution spoke to the jury about all of these instructions during their opening and closing arguments to the jury.

What roles do the prosecutor and criminal defense lawyers have with regards to jury instructions? 

Prior to a judge giving instructions, attorneys are able to make recommendations to the trial judge on what instructions the judge should explain to jurors. Jury instructions are also discussed during jury selection to determine if a prospective juror maintains any biases against the defendant or the justice system.

Many of the questions asked on juror questionnaires reflect the issues discussed in jury instructions, most specifically questions dealing with an individual’s ability to follow the law despite personal beliefs, and prior knowledge gained through extraneous sources, such as the media.

Why should a criminal defendant and his/her lawyers care about jury instructions?

Clients will almost never ask their attorney about jury instructions but the Murdaugh case presents an opportunity to show their importance and why both the defense and prosecution should focus their strategy and arguments around the content of jury instructions.

In the Murdaugh case, his defense team failed to address the cell phone video evidence which showed that their client was lying.  It is believed that the defense team either ignored this critical piece of evidence or simply overlooked it.  This was a critical mistake which made an already bad case for the defense even worse. 

If you or a friend is charged with a crime, you must speak to a criminal defense lawyer to understand your options at the trial and pre-trial level!  Jury instructions are provided in every criminal jury trial regardless of the charge.  Don’t underestimate their value to a case. 

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