Jurors are people from the community who've little or no knowledge of the law but are ultimately responsible for finding a defendant innocent or guilty of a crime. Jury instructions help jurors understand the law, interpret the evidence and determine the defendant's fate. Objections to instructions give attorneys the chance to offer instructions more favorable to their position and possibly set the stage for an appeal.

Objections to Instructions

Objections during a trial differ from objections to jury instructions. At trial, objections to evidence are typically made in front of the jury. On the other hand, objections to instructions are typically done out of the jury's hearing, like at a sidebar conference at the judge's bench. In fact, a defense attorney can request that objections be heard out of the jury's presence. This removes any chance of a negative influence on the jury. 

Objections can be based on:

  • Incorrect instructions
  • Not giving an instruction
  • How the judge delivers the instruction

Whether an objection to instructions or the failure to give instructions is sufficient depends on the case. All objections must be timely, specific and on the record. This is important so issues can be raised if there's an appeal.

How to Object

It's not enough for an attorney to give a general objection to jury instructions. A generalized objection won't save the issue for appeal. For example, a lawyer can't simply claim it doesn't correctly state the law. Rather, the lawyer must make a specific objection and state the grounds to support it. In other words, the objection must be specific enough to let the court provide a clearer instruction to the jury.

Objections must be made on the record. Merely requesting an instruction, without objecting to the denial of the request, doesn't preserve the matter for appeal. At the same time, a judge's failure to provide the attorneys a chance to object to the instructions as given, before the jury begins deliberations, affects the defendant's right to a fair trial.

When to Object

Objections to an instruction or the failure to give an instruction must be made before the jury retires to deliberate. In fact, objections are allowed even after the jury has been charged - as long as deliberations haven't started. For instance, the court can instruct the jury, excuse the jury and tell them not to begin to deliberate and then review any objections.

The court may hear objections to proposed instructions at any time before the jury retires for deliberations, even before the trial begins. Pretrial objections are heard at a charging conference. At trial, objections made before the instructions are read are untimely and don't preserve the matter for appeal.

Instructions are the last thing a jury hears before deliberating. Attorneys have a duty to object to instructions before the jury decides the case. In other words, attorneys must speak now or forever hold their peace.

Questions for Your Attorney

  • Are objections allowed if the jury asks for clearer instructions or another instruction is given by the court?
  • Are there any mistakes that a judge can make in jury instructions that are so harmful it doesn't matter if an objection was made?
  • Is there a limit to how many objections can be raised on all the instructions? On one instruction?