How to Persuade With Jury Instructions

During post-trial debriefings, jurors consistently point to a major stumbling block to arriving at a fair and just decision: lack of understanding of jury instructions and how the instructions applied to their case.
By: Dr. Noelle Nelson
 
Dec. 29, 2009 - PRLog -- MALIBU, CALIF.--During post-trial debriefings, jurors consistently point to a major stumbling block to arriving at a fair and just decision: lack of understanding of jury instructions and how the instructions applied to their case, says Dr. Noelle Nelson, trial consultant and author of  the booklet, "101 Winning Tips: How to Give a Good Deposition & Testify Well in Court."

    "By their very nature, jury instructions language is obscure and convoluted," says Nelson. "The advantage goes to attorneys who can help jurors make sense of the language and most importantly help jurors understand how these instructions fit their case."

   Nelson uses the common instruction for "negligence" as an example. "Jurors often interpret the term as meaning deliberately and intentionally failing to do something one should have done," says Nelson. "This is, after all, the most common use of the term in our everyday parlance. Unless clearly instructed that the intent to inflict harm is not a prerequisite, jurors might absolve a physician's incompetence because 'the doctor didn't mean to hurt the patient.'"

   Additionally, even when jurors understand the words themselves, they can fail to see how the instruction applies to the case. "What is obvious to an attorney is often cryptic to jurors," explains Nelson. "Throughout the trial, relate testimony and evidence to the key terms of your jury instructions, and remind jurors at closing of how you accomplished this. A 'bottom-line'-type chart will easily reinforce the connection."

   It is a truism that the lawyer who provides the most clarity and logical explanation of a situation is the lawyer who will prevail. "Although this is important throughout the trial, it is critical at during closing arguments," says Nelson. "Inattention to jury instructions can damage an otherwise wonderfully prepared and presented case."

   For more trial tips, go to Nelson's blog, "A Winning Tip," http://awinningtip.blogspot.com/.
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Source:Dr. Noelle Nelson
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Tags:Trial Techniques, Jury Instructions, Juries, Trial, Attorneys, Lawyers, Noelle Nelson
Industry:Legal
Location:Malibu - California - United States
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