NCJ Number
123580
Journal
Criminal Justice Volume: 5 Issue: 1 Dated: (Spring 1990) Pages: 14-17,46-48
Date Published
1990
Length
7 pages
Annotation
Without clear instructions to the jury, the most excellent pretrial preparation and trial efforts may prove worthless.
Abstract
Jury instructions should be prepared before the closing argument is written and before the case begins to enable attorneys to plan their trial strategies. One word can make a difference. In a criminal bank fraud trial, the indictment read the charge against the defendants as "intent to injure and defraud," while the judge's instructions said "intent to injure or defraud." With "and" the jury would have acquitted the defendants; with "or" it decided that the defendants were guilty of deceiving or misapplying funds without necessarily intending to harm. Timing, as well as wording, is important. Some judges give certain instructions before the opening statements are made to instill the "innocent until proven guilty" principle into the minds of the jurors. Prosecutors typically prefer instructions to be given before closing arguments so that they can have the last word, while defense attorneys prefer instructions afterwards, so that the judge has the last word.