Jury Instructions
Hi, this is Stuart Ericson, an attorney in Wagoner. We’re talking about jury trials. We’ve talked about picking a jury, the state going first, calling their witnesses, the defense either calling their witnesses or not. So when the defense is done and you rest, you know, the testimony part of the trial is done. There won’t be, that is, once the defense rests, all the evidence that there is gonna be is done.
So at that point in time, there’s always a break taken and the attorneys go back with the judge and basically based upon the evidence, jury instructions are produced. As the defense attorney, if I want, so let’s say it’s a first degree murder trial and I think there was evidence of second degree murder or manslaughter, I am gonna propose that to the judge. Judge, I want you to give, yeah, the state charged first degree murder, so that’ll be a jury instruction for the jury to consider, but there’s evidence of second degree or a manslaughter type situation. I want the jury to have those options as well. Now, of course, you’re still gonna be shooting for a not guilty, but man, I mean, you would still want less, they’re called lesser included, so you would do that.
Jury Instructions and the Final Stage
Now, the state proposes jury instructions. Some of the jury instructions are just standard that the judge is gonna do, and so that process plays out until you get a final big list of jury instructions. Once that is done, everybody goes back into the courtroom, the judge reads all of the jury instructions, and when I say jury instructions, that’s the law. That is the law that the jury is to consider. And so jury instructions are a big part of it.
If you have questions about jury trials, reach out to me at wagonerlawyer.com.
Initial Strategy Session for Your Jury Trial
If you’re facing a jury trial or have any concerns about the process, I offer a low-cost consultation to discuss your case. Reach out to me, a criminal defense lawyer in Oklahoma, at wagonerlawyer.com. Don’t navigate the complexities of a jury trial alone, get the guidance you need.
