American Jury Instructions

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Commonly Asked Questions about American Jury Instructions

What is the closing argument process?

Closing arguments are the opportunity for each party to remind jurors about key evidence presented and to persuade them to adopt an interpretation favorable to their position.

Who gets to go first in closing arguments?

The plaintiff, having the burden of proof, usually has the right to give her closing argument first, followed by the defendants closing argument. In many jurisdictions, the plaintiff may use all of the allotted time, or the plaintiff may reserve time (e.g., ten minutes) to use after the defendants closing argument.

How does the American jury system work?

Today, people who make up the jury are chosen at random from the community. After hearing evidence presented during the trial, they deliberate in secret and docHub their decision, called a verdict, which the jury then presents to the judge and which generally brings an end to the trial and to the underlying dispute.

What is the meaning of jury instructions?

Jury instructions are instructions for jury deliberation that are written by the judge and given to the jury. At trial, jury deliberation occurs after evidence is presented and closing arguments are made.

Are jury instructions before closing arguments?

In its current form, Rule 30 requires that the court instruct the jury after the arguments of counsel. In some districts, usually where the state practice is otherwise, the parties prefer to stipulate to instruction before closing arguments.

How to format jury instructions?

For jury instructions to be effective, they must be clear and simple. Sentences should be short; instruc- tions should contain no more than a few sentences, cover only one topic, and be directly related to the circumstances of the case (they should not be abstract statements of the law).

What instructions are given to the jury?

Either before or after the closing arguments by the lawyers, the judge will explain the law that applies to the case to you. This is the judges instruction to the jury. You have to apply that law to the facts, as you have heard them, in arriving at your verdict.

When the judge issues the jury instructions?

At the end of a trial, but before the jurors deliberate, the judge reads them jury instructions. The instructions explain the laws that apply to the case.