Also known as: jury charges · jury's charge · charges to the jury · jury instruction · jury instructions · charge to the jury
Written by attorneys · grounded in primary & secondary sources — see below
A set of instructions given by the trial judge to the jury explaining the legal principles they must apply in reaching a verdict. The instructions define the elements of claims or offenses, allocate burdens of proof, and guide the jury on how to evaluate evidence and reach conclusions consistent with the law.
After both sides rested in a wage-and-hour suit, Highland Cafe submitted written requests asking the court to instruct the jury that a verdict must be unanimous. The judge accepted the requests and delivered the charge at the close of evidence. The jury later returned a verdict, and the requests ensured the court addressed the unanimity requirement directly.
In a murder prosecution, Jerome Jackson raised an insanity defense and presented expert testimony. The court instructed the jury that every person is presumed sane until the defense proves otherwise by a preponderance of the evidence. The jury applied the charge and convicted Jackson after finding he knew right from wrong.
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Joanna Jung sued a publisher for libel after an article accused her of professional misconduct. The court charged the jury that it could award damages only upon proof of actual injury and could not presume harm from publication alone. The jury returned a modest verdict after following the charge on actual harm.
In a joint trial, the government introduced a co-defendant's confession implicating Jason Jung. The court charged the jury that it could consider the confession only against the co-defendant and not against Jung. The jury followed the limiting charge and acquitted Jung.
Julia Jensen faced drug charges and the prosecution offered expert testimony about the composition of seized substances. The court instructed the jury that it could accept or reject the expert's opinions and must weigh them against other evidence. The jury convicted after applying the charge to the expert testimony.
John Jones was prosecuted under the National Firearms Act for possessing an unregistered weapon. The court charged the jury on the statutory definitions of the prohibited firearm and the registration requirement. The jury convicted after applying the charge to the evidence of possession.
The trial judge determines the legal standard of conduct or elements of the offense as a question of law and delivers those principles to the jury through the charge. The jury then applies the announced standard to the facts it finds.
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A party may file written requests for jury instructions at the close of the evidence or at any earlier reasonable time ordered by the court. Requests on issues that could not reasonably have been anticipated may be filed after the close of the evidence.
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Instructions that shift the burden of proof on an element of the offense to the defendant violate due process. The state must prove every element beyond a reasonable doubt, and a mandatory presumption on intent is unconstitutional.
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…compensation for actual injury. We need not define "actual injury," as trial courts have wide experience in framing appropriate jury instructions in tort actions. Suffice it to say that actual injury is not limited to out-of-pocket loss. Indeed, the more customary types of actual harm inflicted by defamatory falsehood include…