How Are Jury Instructions Selected In Los Angeles Criminal Cases?
This is an interesting question and one that is often overlooked. Regarding a criminal case in Los Angeles, the California criminal jury instructions are usually dictated by whatever charges are filed against the defendant. So, there's a whole list of jury instructions that the judges must give in every criminal case. Those would be designated as general criminal jury instructions in Los Angeles.
There are also jury instructions specific to the charges that are filed because the jury needs to know the elements of each crime, so those will definitely be given. Then, there are other jury instructions for which the prosecution can argue and the defense can claim.
I've even majored in instructions based on the law to fit whatever my client's criminal defense is in a case in Los Angeles. Once I see what the defense is and I see what law I'm going to want to hang my hat on in the closing arguments related to the criminal case, I'm going to try to either find a jury instruction that fits that argument or I'm going to create one based on the law. Ultimately, the prosecutors will either agree to it or object.
If they object, then the judge will have to make the final decision on whether or not that jury instruction is given. Basically, what happens in a criminal case as it relates to jury instructions in Los Angeles is that the two sides sit down and see what jury instructions they can agree upon.
They tell the judge which ones they agree upon, and then they devise a list of instructions they don't agree upon. They give those to the judge – go through them one by one – and then the judge will rule on whether or not a particular jury instruction will be given to the jury.
Jury instructions are important in criminal cases because they're the law—the foundation for which the charges in the case will be decided. So, some jury instructions exist, such as the tie going to the defendant.
There's a jury instruction that says if you have evidence for the prosecution and evidence for the defense, and they're both pretty much the same, you have to find the defendant not guilty. I always use that jury instruction in every criminal defense case I try.
Reasonable Doubt Jury Instructions
There's also the reasonable doubt jury instruction that is given in every case, which says that the jury must have an abiding conviction of guilt. That means, years later, when they look back at the verdict, they have to say, I feel comfortable about it. I don't have any reasonable doubt. That's another one that I argue pretty much every time in every criminal jury trial.
Then there are those jury instructions that we have to try to get that support our theory of the case – our defense, our defense strategy – so we're going to be citing the law to the judge and making an argument – judge, here's the evidence in the case – here's the jury instruction that I want.
There is no other jury instruction that covers this, and I must have it because I need to be able to argue the state of the law, and we do not have adequate jury instruction available to cover that.
So, these jury instructions are important. They're sometimes overlooked, but they're another element of a criminal case in Los Angeles – or anywhere in the country.
If you don't know your jury instructions, how to argue them, or how to get the jury instructions you need to win your case, you won't be successful in a criminal case.
Knowing the jury instructions – knowing which hurry instructions you're entitled to get – is crucial to getting a not-guilty verdict in a criminal case in Los Angeles. See related: Criminal Jury Instructions in Los Angeles County.
