Tips For Drafting Effective Jury Instructions

     More often than not, juries can be misled in deliberation by unclear jury instructions. When instructions are confusing or contain legal language that is not easy to understand, the jurors tend to ask more clarifying questions, which makes the deliberation process even longer. 

    As lawyers, it is within your control to draft jury instructions that the jury can understand and that can help you win the case. First and foremost, jury instructions should identify the issues that the jury is being asked to decide and include the applicable law. Helpful explanations of the law should be included so that the jury can apply it to the facts and evidence presented. Often, lawyers fail to recognize that by drafting solid jury instructions and having those instructions be adopted for the jury to use, they are capitalizing on another opportunity for their theory of the case to be heard by the jury. 

    Here are some tips and tricks to write effective jury instructions that will allow the jury to best understand the issues and hear your theory of the case.

1. When crafting the instructions, especially if there are cross-claims or counterclaims, use the plaintiffs and defendants names. Defining the names of the parties in a trial consistently will help the jurors understand how the issues apply to the characters involved. In civil cases, using the party's name like, "Mr. Smith" rather than Plaintiff makes the person seem more human and it makes the charges more real in the minds of the jurors when they feel as though a person's rights are at stake. However, using names rather than specific terminology in criminal cases can be more difficult. For example, referring to the prosecution by his or her names is misleading because the case is technically being brought by the State. 
2.  For jury instructions to be effective, they must be simple and clear. Each point should be explained in a singular fashion. Definitions of important terms should be included. All necessary explanations should be concise and to the point. Examples and illustrations are helpful to include to clarify difficult points. Instruction should be separated by topic and be directly related to the circumstances of the case. 
3. Provide valid steps to direct jurors on when to deliberate and in what order to decide the issues. For example, in a breach of contract case, it may be best to tell the jurors to first determine if there is a valid contract. Providing a frame work within each issue is also instructive. Sticking with the contract hypothetical, listing the elements of a valid contract and explaining what each element entails will help the jurors determine how the factual circumstances of the case fit into the frame work.
4. Once the instructions are drafted, have someone read them that is not a lawyer. Having a non-lawyer read the instructions will show if the instructions can be understood by someone that does not have a legal background. Word choice can be critical in making sure the instructions are clear. Having this person explain the instructions to you will show you what the jury may take away from what you have drafted. This will allow you to make changes and adjust your wording so the instructions are universally understandable. 

    Overall, using the jury instructions to your advantage as an additional opportunity to share your theory of the case with the jurors is critical to success. But, the jurors must be able to understand your instructions to understand your theory. Therefore, draft to your advantage with a keen eye for clarity.