Special Kinds of Instructions Limiting the Discretion of the Jury

The judge has a number of devices by which he can limit the discretion of the jury in applying the instructions to their deliberations. Through an additional instruction, the judge may supplement instructions he has already given. These instructions are usually given at the request of the jury to clarify some point regarding the law given in a previous in struction they do not understand. If a judge gives a mandatory instruction, this requires the jury to reach a verdict in favor of a particular party if the evidence indicates that a particular set of facts is true. Through a peremptory instruction, a jury is directed to find in favor of a particular party regardless of how credible they regard the evidence to be. The judge is taking the case away from the jury because he believes a reasonable juror could not rule in favor of the other party.


Inside Special Kinds of Instructions Limiting the Discretion of the Jury