A MANUAL OF JURY TRIAL PROCEDURES

A MANUAL OF JURY TRIAL PROCEDURES - 2004
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Chapter Three: The Trial Phase

3.3 Preliminary Instructions And Orientation Of The Jury

NCJIC Materials Related To This Issues:

NCJIC Chapter 12: Preliminary Instructions

After the jury has been sworn and before presentation of opening statements, it is helpful for the court to present the jury with preliminary instructions concerning its duties and the role that the court, the attorneys, and each member of the court's staff will take during the trial. Some courts preinstruct the jury regarding the burden of proof, the fact that comments of the court and counsel are not evidence, etc. This occasion can also be used to provide helpful information to the jurors concerning their service and how to communicate with the court if necessary.

Preliminary instructions and orientation are effective ways for the court to answer many common juror questions and to make jury service a more effective and positive experience.

See 9TH CIR. CRIM. JURY INSTR. Preliminary Instructions 1.1, 1.2, 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.12, 1.13 (2003); 9TH CIR. CIV. JURY INSTR. Preliminary Instructions 1.1-1.16 (2001).

Erroneous pretrial jury instructions can be a basis for appeal. United States v. Hegwood, 977 F.2d 492 (9th Cir. 1992), cert. denied, 508 U.S. 913 (1993); Guam v. Ignacio, 852 F.2d 459, 461 (9th Cir. 1988).