National Center for State Courts

 

Improving Justice through Leadership
and Service to the Courts

     

  

Jury Instructions Before Closing Arguments

Overview

The Center for Jury Studies

This innovation refers to the practice of a judge giving jury instructions before they hear closing arguments from counsel.  Usually, these instructions are given after the closing arguments, and just before the jury retires to chambers to begin deliberations.  There are variations on the innovation itself.  Some judges will give all of the instructions before closing arguments, while others will only give substantive instructions on the law prior to the closing argument and withhold administrative matters until afterward.

This module seeks to understand the idea of jury instructions before closing arguments and the advantages and disadvantages associated with it.