RESPONSES
What
are jury instructions before closing arguments?
Jury instructions
before closing arguments are the same basic jury instructions given to
every jury in every case, but instead of coming after the closing
argument as is standard, they are given before the closing argument.
Traditionally, the judge has issued final instructions after the
closing arguments, though the Federal Rules and many state codes are
flexible and allow the judge to decide when to instruct at his or her
discretion.
Top
What
procedures are being used in courts that give jury instructions before
closing arguments?
The judge may give
all instructions prior to the closing argument.
Or, the judge may instruct the jury on the law before closing
arguments, leaving instructions on administrative matters until after
the arguments. This
alternative reminds the jurors of the earlier instructions and instructs
them about procedures to follow during deliberations, including asking
questions about the instructions or deliberations and reporting the
verdict.
Top
What
are the advantages of instructions before closing arguments?
Some advantages
include:
- Closing
arguments are more meaningful within the legal framework provided by
instructions and, as a result, may improve jurors’ recollection of the
evidence;
- The trial
attorneys know the exact wording of the instructions and can tailor
their closing arguments accordingly;
- The trial
attorneys can include an explanation of the instructions in their
closing arguments and demonstrate how the instructions should be applied
to the facts of the case;
- Jurors
spend less time during deliberations attempting to reconstruct the
judge’s instructions; and
- Jurors
are less likely to be swayed inappropriately by closing arguments and
are more likely to evaluate the evidence according to legally correct
guidelines.
Top
What
are the disadvantages of instructions before closing arguments?
Some disadvantages
include:
- Jurors
will focus on the judge’s instructions rather than on closing
arguments; and
- Jurors
will view the trial from the perspective of the trial judge and will
fail to consider the perspectives articulated in closing arguments.
Top
|
