Jury Charges: The Legal Instruction Booklet

Our journey through jury trials takes us back to the end. Once all the evidence has been lead the trial judge will give their final charge to the jury. 

The purpose of a jury charge is to educate the decision-maker so that it will make an informed decision

It is through the trial judge’s instructions that the jury must appreciate the value and effect of the evidence in the context of the legal issues.

While this may seem simple it is far from it. Commonly, upon the completion of the evidence a draft charge will be provided by the trial judge to counsel. There will then usually be at least one pre-trial conference where changes can be sought. This can often involve submissions by the lawyers and a ruling from the trial judge as to what will be changed, added or removed. 

The trial judge will typically instruct the jury on these topics:

1. instruction on the relevant legal issues, including the charges faced by the accused;

2. an explanation of the theories of each side;

3. a review of the salient facts which support the theories and case of each side;

4. a review of the evidence relating to the law;

5. a direction informing the jury they are the masters of the facts and it is for them to make the factual determinations;

6. instruction about the burden of proof and presumption of innocence;

7. the possible verdicts open to the jury; and

8. the requirements of unanimity for reaching a verdict.

In jury trials that jurors are the judges of the facts and the judge is the judge of the law

As a result, it is up to the jury to decide guilt or innocence. The judge’s role is to give them the information they need to perform their task. As can be seen from the list above that involves explaining the law, summarizing the positions of the parties and relating that law to the evidence. 

Put simply, the jury should be able to appreciate "the value and effect of that evidence, and how the law is to be applied to the facts as they find them".

With that overview in mind, next time we will take a deeper dive into the substance of the charge.