Also known as: judge's charge · judges charge · judge charge · judge's charges · jury instructions · charge to the jury
Written by attorneys · grounded in primary & secondary sources — see below
The judge's instructions to the jury explaining the applicable law and how to apply it to the facts at the close of a trial.
Julia Jensen faced charges for falsifying logs after a cooperating witness revealed new facts supporting a good-faith defense. Her counsel filed a written request for an instruction on that defense immediately after the last witness testified. The court considered the request because it arrived at the close of the evidence.
Jason Jung stood trial for mortgage fraud. The judge charged the jury that negligence alone could support conviction. The appellate court reviewed whether the instruction affected substantial rights given the emails showing deliberate deception.
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John Jones challenged his conviction after learning that jurors had consumed alcohol during deliberations. The court refused to admit post-verdict testimony from jurors about their internal discussions during the judge's charge.
Jeanette Jensen obtained a large punitive award against Jefferson Trust. On appeal the court examined whether the judge's charge on reprehensibility and ratio guidelines had produced an excessive verdict.
Judy Jacobs was prosecuted for burning a cross on private property. The judge charged the jury on the meaning of intent and true threats, prompting review of whether the instruction properly distinguished protected speech.
Jorge Juarez appealed his conviction after the judge gave an erroneous instruction on the elements of the offense. The court assessed whether any rational jury could still have found guilt beyond a reasonable doubt under the correct standard.
A party may file written requests at the close of the evidence or at any earlier reasonable time set by the court. The requesting party must furnish copies to all other parties.
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No. Courts apply the harmless error rule. Reversal occurs only when the instructional mistake affected the defendant's substantial rights.
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The court may enforce a reasonable earlier deadline but must consider whether unanticipated evidence at trial justifies a late request made at the close of the evidence.
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The court may decline to consider the request when the failure prevents the opposing party from preparing a response and the court from fulfilling its notice obligations before closing arguments.
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…from the sample obtained from the victim’s vaginal swabs. Absent an evaluation of the risk of juror confusion and careful jury instructions, the testimony could not have gone to the jury. This case, however, involves a bench trial and we must assume that the trial judge understood that the portion of Lambatos’ testimony to…