Jury Instructions

Jury instructions (also called the charge to the jury) are the formal statements a trial judge reads to jurors before they retire to deliberate. They translate the applicable law—statutes, common-law doctrines, burdens of proof, and definitions of each charge or claim—into language the jury is expected to apply to the evidence. In the United States, instructions typically cover the elements of each offense or cause of action, the standard of proof (beyond a reasonable doubt in criminal cases; preponderance of the evidence or clear and convincing evidence in civil cases), evaluation of witness credibility, and procedural rules such as unanimity requirements.

Most U.S. jurisdictions rely on pattern or model jury instructions drafted by judicial councils or bar committees—for example, the Ninth Circuit Model Criminal Jury Instructions or California's CALCRIM and CACI. Lawyers for each side submit proposed instructions, and the judge holds a charge conference to decide which to give. Counsel must usually object on the record to preserve any error for appeal, a rule reflected in Federal Rule of Criminal Procedure 30 and Federal Rule of Civil Procedure 51.

Faulty instructions are a common ground for appellate reversal. In Sandstrom v. Montana (1979), the U.S. Supreme Court struck down an instruction that effectively shifted the burden of proof on intent to the defendant. In Neder v. United States (1999), the Court held that omitting an element of an offense from the charge is subject to harmless-error review rather than automatic reversal.

Other common-law systems use the device as well. In England and Wales, the judge's summing-up serves a similar function and is guided by the Crown Court Compendium. Jury instructions are largely absent from civil-law jurisdictions, where professional or mixed tribunals decide both law and fact. For Model UN delegates simulating international tribunals such as the ICC, note that there is no jury—judges render reasoned judgments instead.