The value of jury instructions in criminal trials cannot be overstated, yet too many defense attorneys treat them as an afterthought. This represents a fundamental strategic error that can mean the difference between conviction and acquittal. Understanding how to leverage jury instructions effectively is one of the most powerful tools in a defense attorney’s arsenal.
The Foundation: What Juries Are Asked to Do
Juries receive clear, repeated direction about their role. They are instructed to limit their inquiry exclusively to what they hear during trial, to disregard attorney arguments as non-evidence, to ignore the judge’s evidentiary rulings as indicators of guilt or innocence, and most importantly, to apply the law as the judge explains it to the facts as they understand them.
This last point is crucial: the judge tells the jury what the law is, and they apply that law to the evidence they’ve heard. This creates a massive opportunity for strategic advocacy that some attorneys overlook.
The Script and the Opportunity
Judges work largely from a standard script when instructing juries. These model jury instructions are published and widely available, particularly for district court-level crimes. At the Superior Court level, however, the format differs and instructions are limited to fewer offenses, creating situations where attorneys must craft their own proposed instructions.
This is where skilled advocacy makes its mark. While judges are the final arbiters of law, good lawyers have the opportunity to shape how judges structure their legal explanations to the jury. Crucially, this isn’t about changing the law; it’s about presenting it in a way that serves your client’s interests while remaining legally accurate.
The Charging Conference: Where Some Cases Are Won and Lost
The charging conference occurs after both sides have presented their evidence and closing arguments. Here, attorneys present their proposed jury instructions to the judge, arguing for language that best reflects the law as it applies to their specific case facts. This is where you can control a huge lever of the jury process.
Consider the jury’s dual function: listen to the law from the judge and apply it to the trial facts. If you can influence what the judge tells the jury the law is, you gain a substantial strategic advantage. Yet many attorneys let this opportunity pass without meaningful engagement.
Real-World Application: The Out-of-State License
A practical example illustrates this power. Imagine defending a client charged with driving on a suspended license, where the client is an out-of-state resident whose license was suspended in their home state. If the Commonwealth only presents evidence regarding Massachusetts driving privilege suspension, you can request jury instructions explaining exceptions for out-of-state residents.
If the government hasn’t proven your client doesn’t qualify for these exceptions, they lose. This isn’t about technicalities—it’s about ensuring the jury understands the complete legal framework that applies to your client’s situation, and holding the government to its burden that it prove all required details beyond a reasonable doubt.
Strategic Considerations for Effective Jury Instructions
Model jury instructions serve as jumping-off points for outlining offense elements, but they’re not carved in stone. When facts require modification or when exceptions apply, attorneys should prepare alternative instructions in advance or, when necessary, craft them on the fly.
The key is making proposals based solidly in law and judicial guidance, then persuading the judge that your instructions more accurately reflect the legal standards applicable to your specific case facts. This requires understanding not just what the law says, but how it applies in your particular circumstances.
The Missed Opportunity
Too many defense attorneys approach jury instructions passively, accepting whatever model instructions the judge provides without considering whether those instructions best serve their client. This represents a fundamental misunderstanding of the strategic landscape.
Every criminal case presents unique factual circumstances. While the underlying law may be standard, how that law applies to your specific facts often requires nuanced explanation. Generic model instructions may not capture these nuances, potentially leaving defendants at a disadvantage.
Taking Control Where You Can
Effective criminal defense requires controlling every aspect of the case where the law permits. Jury instructions represent one of the most powerful tools for shaping how juries understand both the law and how it applies to your client’s situation.
The charging conference isn’t just a procedural step—it’s an opportunity to advocate effectively for your client by ensuring the jury receives instructions that accurately reflect the complete legal framework governing their case. Don’t let this opportunity slip by.
