Jury Instructions

• Jury instructions not very controversial in the abstract, since a jury does need to be told what legal framework to apply.
• Both sides submit jury instructions for use at end of trial (submit at beginning)--judge will borrow from one or both and use own and those will be used at close of trial (assuming trial follows pattern originally envisioned).
• Lots of “approved jury instructions” (in CA, for example).
• Fights over “as applied,” so generally like to use what was used in the past (after all, they have survived appeal in past).
• Judge can comment on evidence to jury, credibility, etc.
• Why do we allow it at all?
• Because dates back to a time when conception of jury was different, when juries were picked for their standing in the community and knowledge of the underlying factual background and character.
• So less worried about swaying them, as they are equals of judge.
• But more democratic juries today are different—so this might present more problems in reality today...