Jury instruction in 2025

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First, click on Secondary Sources under the Content Types tab on the main Westlaw Edge page. Then, click on Jury Instructions.
Jury instructions are given to the jury by the judge, who usually reads them aloud to the jury. The judge issues a judges charge to inform the jury how to act in deciding a case. The jury instructions provide something of a flowchart on what verdict jurors should deliver based on what they determine to be true.
Necessity legally excuses the crime charged. The defendant must prove necessity by a preponderance of the evidence. A preponderance of the evidence means that you must be persuaded that the things the defendant seeks to prove are more probably true than not true.
Which of the following is a concern among many regarding jury instructions? They do not provide enough information.
At a minimum, jury instructions should identify the issues for the jury to decide and help the jury un- derstand the law that governs their decision. They should explain to the jury how to apply those legal principles to the facts at hand.
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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.
(1) Members of the jury, now it is time for me to instruct you about the law you must follow in deciding this case. (2) I will start by explaining your duties and the general rules that apply in every criminal case. (3) Then I will explain the elements of the crimes that the defendant is accused of committing.

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