Communicating the Law to the Jury

Lawyers must know how to communicate the law to the jury. Many of these jurors are not knowledgeable about the laws applicable to the case, how they apply, what evidence is admissible and relevant, and the standard of proof required in a case.

David Serna advises prosecutors to avoid assuming jurors know these things. Such matters are assessed and applied on a case-to-case basis. Today, David Serna discusses some of the effective methods lawyers can use to communicate the law.

1. Ask the jurors about the law

One way to start communicating is to ask the jurors what they know about the law or how they understand it. By asking, the prosecutor gets an idea of the scope he needs to cover in discussing the law.

David Serna advises prosecutors to avoid merely reciting the law. Prosecutors must discuss what the jurors do not know or understand.

2. Use diagrams and illustrations

Illustrations help jurors remember and understand the discussion more effectively. Many prosecutors nowadays use PowerPoint to aid them in their discussion. However, they must ensure that the words, illustrations, and diagrams are readable by everyone in the panel. Reading everything from the slide should be avoided. If the jurors can read everything on the slide, there is no more point in discussing the subject.

3. Discuss the elements of the offense or crime charged

In criminal cases, prosecutors must remember mentioning that the quantum of evidence required is proof beyond a reasonable doubt. They must discuss that it is neither preponderance of evidence nor proof beyond all doubt. Prosecutors must also take note that not all states define proof beyond a reasonable doubt.

Each element of the offense must be discussed to the jurors, as well. It is not enough that the crime charged be mentioned because each of these elements must be proven beyond a reasonable doubt.

Follow David Serna’s blogs for more discussions on these topics.