Jury Charge Case Study

Jury Charge

Members of the jury, I will now give you many instructions that you should consider in deciding this case; all are equally important. Don’t pick out one and ignore the rest. Think about each instruction in the context of all the others. You must obey the instructions. You are not allowed to reach decisions that go against the law. In these instructions, the masculine gender he or him includes the feminine gender of she or her. You may take notes during the trial, but don’t overdo it, and don’t let it distract you from following the evidence. The lawyers will review important evidence in their closing arguments, and help you focus on that which is most relevant to your decision. I also caution you that any notes you may
have taken are not evidence. Use them only to aid your personal memory or concentration. Don’t form an opinion about the ultimate issues in this case until you have listened to all the evidence and the lawyers’ summaries, along with the instructions on the law. You should keep an open mind until then. From time to time, I will call a recess. It may be for a few minutes, a lunch break, overnight, or longer. During recesses, do not talk about this case with anyone, not family, friends, or even each other. The clerk may ask you to wear a badge identifying yourself as a juror so that people will not try to discuss the case with you. Don’t mingle with the lawyers, the parties, the witnesses, or anyone else connected with the case. You may say hello, or exchange similar greetings, or civilities with these persons, but don’t engage in conversations. The judge, the jury, and the lawyers are all officers of the Court, and play important roles in the trial. It is my role, as Judge, to decide all legal issues, supervise the trial, and instruct the jury on the law that it must apply. It is your role as the jury, to follow that law and decide the factual issues. Factual issues generally relate to who, what, when, where, how, or similar things concerning which evidence will be presented.
It is the role of the lawyers to present evidence, generally by calling and questioning witnesses, and presenting exhibits. Each lawyer will also try to persuade you to accept his version of the facts, and to decide the case in favor of his client. Keep in mind that neither the lawyers, nor I, actually decide the case because that is your role. Don’t be influenced by what you think our personal opinions are, rather, you decide the case based upon the law explained in these instructions, and the evidence presented in court. You are the sole judges of the credibility of the witnesses, and the weight to be given their testimony. You should take into consideration their means of knowledge, strength of memory, and opportunities for observation. The reasonableness or unreasonableness of their testimony, the consistency or lack of consistency in their testimony, their motives, whether their testimony has been contradicted or supported by other evidence, their bias, prejudice, or interest, if any, their manner or demeanor upon the witness stand, and all other facts and circumstances shown by the evidence, which affect the credibility of the witnesses. Based on these considerations, you may believe all,
part, or none of the testimony of a witness.