{"id":10055,"date":"2017-12-04T02:23:48","date_gmt":"2017-12-04T02:23:48","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=10055"},"modified":"2017-12-07T08:12:47","modified_gmt":"2017-12-07T08:12:47","slug":"jury-instructions-types-given-by-a-judge-to-a-jury-concerning-the-law-of-the-case","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=10055","title":{"rendered":"Jury Instructions (types) – given by a judge to a jury concerning the law of the case"},"content":{"rendered":"
\n

Request for Instructions<\/span><\/a> – a written request to the judge for jury instructions, made by either party, usually after both sides have rested. <\/span><\/strong>[1]<\/span><\/p>\n

jury instructions<\/span>:<\/strong><\/span>
\n(1943)<\/span><\/p>\n

1. A direction or guideline that a judge gives a jury concerning the law of the case.<\/strong> \u2014 Often shortened to instruction<\/strong><\/em><\/span>. \u2014 aka jury charge<\/span><\/strong><\/em>; charge<\/span><\/strong><\/em>; jury direction<\/strong><\/em><\/span>; direction<\/strong><\/em><\/span>. [2]
\n<\/span><\/p>\n

1. Directions given to the jury by the judge just before she sends the jurors out to deliberate and return a verdict, explaining the law that applies in the case and spelling out what must be proven and by whom.<\/strong>
\n\u2014 aka charge<\/em><\/strong><\/span>. <\/span>[1]<\/span><\/p>\n

instructions to jury<\/span>:<\/span><\/strong><\/p>\n

1. To final charges given by the court to the jury upon the submission of the case to the jury, explaining the law of the case and pointing out the essentials to be proved on the one side or the other, the purpose being to furnish guidance to the jury in their deliberations, and to aid them in arriving at a proper verdict, so far as it is competent for the court to assist them.\u00a0 53 Am J1st Trial \u00a7 509<\/span>.<\/span><\/strong><\/p>\n

As usually understood, the term does not include anything which the court might say during the progress of the trial as to the purpose for which certain evidence is admitted as to what facts have been admitted by one side or the other; oral direction to the jury to reject evidence, made when it is given; directions during the trial to disregard improper or incompetent evidence given in the examination of the witness, or to disregard prejudicial remarks of counsel; oral directions as to the form of the verdict, or other comment and statements of the trial judge as to collateral matters made during trial.\u00a0 53 Am J1st Trial \u00a7 508<\/span>.<\/span><\/strong>
\n<\/span><\/p>\n

Types of Jury Instructions:<\/span><\/strong><\/p>\n

abstract instructions<\/span>:<\/strong><\/span><\/p>\n

1. An instruction to the jury, which is generally regarded as insufficient and erroneous, that does not apply the law to the facts, but merely an abstract proposition of law.\u00a0 53 Am J1st Tr \u00a7 573<\/span>.<\/strong> [3]<\/span><\/p>\n

additional instruction<\/span>:<\/strong><\/span>
\n(1821)<\/span><\/p>\n

1. A jury charge, beyond the original instructions, that is usu. given in response to the jury\u2019s question about the evidence or some point of law. <\/strong>\u2014 aka additional direction<\/span><\/strong><\/em>; further <\/strong><\/em><\/span><\/span>instruction<\/strong><\/em><\/span>; further direction<\/strong><\/em><\/span>.<\/span><\/p>\n

affirmative converse instruction<\/span>:<\/span><\/strong>
\n(1966)<\/span><\/p>\n

1. An instruction presenting a hypothetical that, if true, commands a verdict in favor of the defendant.\u00a0 *\u00a0 An affirmative converse instruction usu. begins with language such as \u201cyour verdict must be for the defendant if you <\/span><\/strong>believe . . . .\u201d<\/strong> \u2014 aka affirmative converse direction<\/strong><\/em><\/span>.
\n<\/span><\/p>\n

affirmative instruction<\/span>:<\/span><\/strong>
\n(1835)<\/span><\/p>\n

1. An instruction that removes an issue from the jury\u2019s consideration, such as an instruction that whatever the evidence, the defendant cannot be convicted under the indictment count to which the charge is directed.\u00a0<\/strong>\u2014 aka affirmative charge<\/strong><\/em><\/span>; affirmative direction<\/strong><\/em><\/span>.<\/span><\/p>\n

argumentative instruction<\/span>:<\/span><\/strong>
\n(1888)<\/span><\/p>\n

1. An instruction that assumes facts not in evidence, that singles out or unduly emphasizes a particular issue, theory, or defense, or that otherwise invades the jury\u2019s province regarding the weight, probative value, or sufficiency of the evidence. <\/strong>\u2014 aka argumentative direction<\/strong><\/em><\/span>.<\/span><\/p>\n

cautionary instruction<\/span>:<\/strong><\/span>
\n(1881) <\/span><\/p>\n

1. A judge\u2019s instruction to the jurors to disregard certain evidence or consider it for specific purposes only. <\/span><\/strong><\/p>\n

2. A judge\u2019s instruction for the jury not to be influenced by outside factors and not to talk to anyone about the case while the trial is in progress. <\/strong>\u2014 aka cautionary direction<\/strong><\/em><\/span>; prophylactic jury instruction<\/strong><\/em><\/span>. [2]
\n<\/span><\/p>\n

conditional instruction<\/span>:<\/strong><\/span><\/p>\n

1. An erroneous form of instruction to a jury b which the court directly or in effect instructs the jury that a charge is to be considered by them if evidence has been given to sustain it, and otherwise to disregard it. 53 Am J1st Trial\u00a0\u00a7 553.<\/span><\/span><\/strong><\/p>\n

contradictory instructions<\/span>:<\/strong><\/span><\/p>\n

1. Instructions given to the jury containing contradictory and conflicting rules without explanation, so that following one of them will lead to a result different from that which will obtain if another is followed.\u00a0 53 Am J1st Trial \u00a7 557<\/span>.<\/strong> [3]<\/span><\/p>\n

curative instruction<\/span>:<\/strong><\/span>
\n(1890)<\/span><\/p>\n

1. A court\u2019s instruction to <\/span>the jury to disregard something that should not have happened in court, such as an improper outburst, mis<\/span><\/strong>conduct by a lawyer, or testimony that flouts an order in limine.<\/strong> \u2014 aka curative direction<\/strong><\/em><\/span>.<\/span><\/p>\n

disparaging instruction<\/span>:<\/strong><\/span>
\n(1907)<\/span><\/p>\n

1. A jury charge that discredits or defames a party to a lawsuit.<\/strong> \u2014 aka disparaging direction<\/strong><\/em><\/span>.<\/span><\/p>\n

formula instruction<\/span>:<\/strong><\/span>
\n(1927)<\/span><\/p>\n

1. A jury charge derived from a standardized statement of the law on which the jury <\/span><\/strong>must base its verdict.<\/strong> \u2014 aka formula direction<\/strong><\/em><\/span>.
\n<\/span><\/p>\n

general instruction<\/span>:<\/span><\/strong><\/p>\n

1. Any jury instruction that does not present a question or issue to be answered.<\/strong> \u2014 aka general direction<\/strong><\/em><\/span>.<\/span><\/p>\n

identification instruction<\/span>:<\/strong><\/span>
\n(1964)<\/span><\/p>\n

1. An instruction cautioning jurors about the reliability of testimony as to a perpetrator\u2019s appearance. <\/strong>\u2014 aka eyewitness-identification instruction<\/strong><\/em><\/span>; mistaken-identification instruction<\/strong><\/em><\/span>; identification direction<\/strong><\/em><\/span>; eyewitness-identification direction<\/strong><\/em><\/span>; mistaken-identification direction<\/strong><\/em><\/span>.<\/span><\/p>\n

mandatory instruction<\/span>:<\/strong><\/span>
\n(1895)<\/span><\/p>\n

1. An instruction requiring a jury to find for one party and against the other if the jury determines that, based on a preponderance of the evidence, a given set of facts exists.<\/strong> \u2014 aka binding instruction<\/strong><\/em><\/span>; mandatory direction<\/strong><\/em><\/span>; binding direction<\/strong><\/em><\/span>.<\/span><\/p>\n

model jury instruction<\/span>:<\/strong><\/span>
\n(1964)<\/span><\/p>\n

1. A form jury charge usually approved by a state bar association or similar group regarding mat<\/strong>ters arising in a typical case.\u00a0 *\u00a0 Courts usually accept model jury instructions as authoritative.<\/strong> \u2014 aka pattern jury instruction<\/strong><\/em><\/span>; pattern jury charge<\/strong><\/em><\/span>; model jury charge<\/strong><\/em><\/span>; model jury direction<\/strong><\/em><\/span>; pattern jury direction<\/strong><\/em><\/span>.
\n<\/span><\/span><\/p>\n

\n

peremptory instruction<\/span>:<\/strong><\/span>
\n(1829)<\/span><\/p>\n

1. A court\u2019s explicit direction that a jury must obey, such as an instruction to return a verdict for a particular party.<\/strong>\u00a0<\/span>\u2014 aka peremptory direction<\/strong><\/em><\/span>.\u00a0 See directed verdict<\/em> under VERDICT (1).<\/span><\/p>\n

single-juror instruction<\/span>:<\/strong><\/span>
\n(1980)<\/span><\/p>\n

1. An instruction stating that if any juror is not reasonably satisfied with the plaintiff\u2019s evidence, then the jury cannot render a verdict for the plaintiff.<\/strong> \u2014 aka single-juror <\/strong><\/em><\/span><\/span>direction<\/strong><\/em><\/span>.<\/span><\/p>\n

special instruction<\/span>:<\/strong><\/span>
\n(1807)<\/span><\/p>\n

1. An instruction on some particular point or question involved in the case, usually in response to counsel\u2019s request for such an instruction.<\/strong> \u2014 aka special charge<\/strong><\/em><\/span>; special direction<\/strong><\/em><\/span>.<\/span><\/p>\n

standard instruction<\/span>:<\/strong><\/span>
\n(1914)<\/span><\/p>\n

1. A jury instruction that has been regularly used in a given jurisdiction.<\/strong> \u2014 aka standard direction<\/strong><\/em><\/span>.<\/span><\/p>\n

theory-of-defense instruction<\/span>:<\/strong><\/span>
\n(1958)<\/span><\/p>\n

1. A jury instruction whose purpose is to explain a defense theory that is not clearly or adequately explained by pattern or standard jury instructions.<\/span><\/strong><\/p>\n

Jury Instructions in Criminal Cases:<\/span><\/strong><\/p>\n

acquit-first instruction<\/span>:<\/strong><\/span>
\n (1994)<\/span><\/p>\n

1.<\/strong> Criminal procedure<\/em>. A jury instruction requiring jurors to consider a lesser charge only after acquitting the defendant of the more serious charge.\u00a0 *\u00a0 Generally speaking, a deadlocked jury may not consider a lesser offense.<\/strong> \u2014 aka acquittal-first instruction<\/strong><\/em><\/span>; sequential instruction<\/strong><\/em><\/span>. [2]
\n<\/span><\/p>\n

advisory instruction<\/span>:<\/span><\/strong><\/p>\n

1. An instruction given by the court as to the law applicable in a criminal case in a jurisdiction where by constitution or statute the jury are the judges of the law as well as the facts.\u00a0 53 Am J1st Trial \u00a7 847<\/span>.<\/strong> [3]<\/span><\/p>\n

adverse-inference instruction<\/span>:<\/strong><\/span>
\n (1973)<\/span><\/p>\n

1.<\/strong> Criminal procedure.<\/em> A court\u2019s instruction to the jury that a negative conclusion may be drawn against a party based on evidence that was or was not produced at trial, as when a crucial witness (other than the defendant) <\/strong>did not testify, crucial evidence was not presented, or the defendant refused to take a breath test to measure blood alcohol content after being stopped for reckless or erratic driving.<\/strong> \u2014 aka adverse-inference charge<\/strong><\/em><\/span>.<\/span><\/p>\n

no-adverse-inference instruction<\/span>:<\/strong><\/span>
\n(1978)<\/span><\/p>\n

1.<\/strong> Criminal law<\/em>. A jury instruction, granted at the request of the defense, <\/strong>that no negative conclusions are to be drawn from the fact that the defendant has not testified at trial.<\/strong> \u2014 aka no-adverse-inference charge<\/strong><\/em><\/span>.<\/span><\/p>\n

Jewell <\/em><\/strong><\/span>instruction<\/span>:<\/strong><\/span>
\n(1977)<\/span><\/p>\n

1.<\/strong> Criminal procedure.\u00a0 <\/em>A court’s instruction to the jury that the defendant can be found to have the requisite criminal mental state despite\u00a0 being deliberately ignorant of some of the facts surrounding the crime.\u00a0 *\u00a0 If a defendant claims ignorance of some fact essential to the crime, such as not knowing that a particular bag contained drugs, but the surrounding circumstances would put a reasonable person on notice that there was a high probability of illegality, as when the defendant has taken the bag from a known drug-dealer and has noticed the smell of marijuana coming from the bag, then the court may instruct the jury that it is entitled to infer the defendant’s guilty knowledge if the defendant deliberately avoided knowledge of the critical facts.\u00a0 U.S. v Jewell<\/em>, 532 F.2d 697 (9th Cir. 1976)<\/span>.<\/strong> \u2014 aka deliberate-indifference instruction<\/em><\/strong><\/span>; deliberate -indifference direction<\/strong><\/span>.<\/em><\/span><\/p>\n

willful-blindness instruction<\/span>:<\/strong><\/span>
\n(1980)<\/span><\/p>\n

1. An instruction that an otherwise culpable defendant may be held accountable for a crime if the defendant deliberately avoided finding out about the crime. <\/strong>\u2014 aka conscious-avoidance instruction<\/strong><\/em><\/span>; willful-blindness direction<\/strong><\/em><\/span>; conscious-avoidance direction<\/strong><\/em><\/span>; ostrich instruction<\/strong><\/em><\/span>; ostrich direction<\/strong><\/em><\/span>. [2]
\n<\/span><\/p>\n

References:<\/span><\/span><\/strong><\/p>\n

Disclaimer:<\/span><\/span><\/strong> All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1]<\/span><\/strong>: Ballantine\u2019s Law Dictionary\u00a0<\/a><\/strong>Legal Assistant Edition<\/a>\u00a0<\/em>by Jack Ballantine\u00a0<\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/em>Doctored<\/a><\/strong>\u00a0<\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/strong><\/span><\/p>\n

[2]: Black\u2019s Law Dictionary\u00a0<\/a>Deluxe Tenth Edition<\/b><\/a><\/em>\u00a0by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4<\/span><\/strong><\/p>\n

[3]:\u00a0Ballantine\u2019s Law Dictionary\u00a0<\/a><\/strong>with Pronunciations
\n<\/em>Third Edition<\/strong><\/a>\u00a0by James A. Ballantine\u00a0<\/strong>(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/strong><\/span><\/p>\n

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