A Model for Charging the Jury
There is a point in a trial after the State and the Defendant have made their closing arguments and before the jurors are sent out of the room to deliberate where the trial judge instructs the jury as to the fundamental principles of law which control the case. This is commonly called “charging the jury.” The Judge is reading instructions on things like the presumption of innocence, and the burden of proof, reasonable doubt, elements of the crime charged. Really, really important stuff you know. Legal definitions and explanations for those rights guaranteed by the U.S. or State Constitution, elements in an offense which might be the difference between someone being found guilty or not. Like I said, fairly critical information for these jurors to have before they go back and make enormous decisions.
And if you have ever been in a courtroom when this is happening, normally right after lunch when everyone is already on the precipice of a cat nap, the Judge never fails to deliver these instructions over a period of 45 minutes in the most monotone and sleep-inducing version of their normal voice. I imagine it is partly because the instructions that need to be read can be 20-30 pages or longer, usually fairly technical, and the Judge is just trying to get through it so like an athlete they put their head down and power through. Unfortunately, too many times this also induces the same head down reaction from those people, the jurors, who really need to pay attention.
So what’s the solution? Well one way is hopefully if you have a good attorney, the point when the Judge has read the instructions to the jury is not the first time they are hearing all those really important pieces of information about the law. While your attorney would not have stood up at the opening of the case and read directly from the same jury charges that the judge will eventually recite, he has used bits and pieces of the language in the opening, and again when speaking to witnesses for both the State and the Defense, and finally again in their closing argument. If it is important enough to be heard once, then it is important enough to be heard three times or more.
It’s not like what the Judge is going to read at the end is really a surprise to the attorneys in the case. Sure, they may have gone in the back to the Judge’s Chambers, or in the age of Covid a Zoom breakout room, to fight about what is called lesser-included offenses like Simple Assault versus Aggravated Assault or something like Intoxication. But by and large the bulk of what is going to be read is known. And not only is it known at the beginning of the trial, it should also largely be known at the beginning of your case when you first get an attorney…and your Attorney should explain them to you! The Model Jury Charges detail the elements of the offense and associated law with that offense in a couple of pages pulled right from the criminal code, but more organized and hopefully easier to understand. Reviewing model charges at the beginning of a case with your attorney is a great way for you to more clearly understand what charges you are facing, what elements make up those charges, and how those charges will ultimately be presented to a jury if the matter goes that far.
