Creative Jury Instructions: Let’s Kick It Up a Notch!
This program examines how defense lawyers can use jury instructions strategically to reinforce the defense theory and guide jurors toward acquittal. Rather than treating jury instructions as a routine procedural step, the presentation explains how they function as the legal framework jurors must follow during deliberations. The speaker shows how defense counsel can draft and modify instructions so that the defense themes and theory appear throughout the instructions that the judge ultimately reads to the jury, increasing the likelihood that jurors will view those concepts as authoritative statements of the law rather than merely arguments made by counsel.
The presentation provides practical examples of how to incorporate defense themes into both pattern instructions and supplemental instructions. Through real trial examples—including a federal controlled-substances prosecution against a physician and a state theft case involving statute-of-limitations issues—the speaker demonstrates how carefully crafted instructions can clarify the government’s burden, limit the impact of damaging evidence, and ensure that jurors understand how specific legal standards apply to the facts of the case. The program also explains how to challenge proposed instructions that introduce unnecessary language or alternative theories that could undermine the defense.
Defense lawyers who watch this program will gain practical tools for analyzing pattern jury instructions, identifying opportunities to embed defense themes within the legal framework of the case, and drafting theory-of-defense instructions that clearly explain the path to acquittal. The training also emphasizes how strategic editing of instructions can focus jurors on the precise elements the government must prove and prevent the prosecution from expanding the issues presented at trial. By treating jury instructions as a core part of trial strategy, the program shows how defense counsel can strengthen their case at the stage that ultimately governs jury deliberations.
Marci LaBranche is a partner at Stimson LaBranche Hubbard in Denver, Colorado. For 25 years, Marci has handled high-stakes criminal investigations and trials, as well as complex civil litigation, in both state and federal court. In her criminal practice, Marci has won acquittals for her clients in both state and federal court. She has handled white-collar matters defending individuals charged with offenses including anti-trust violations, securities fraud, insider trading, tax fraud, and violations of FDA laws and regulations, as well as all manner of drug crimes and crimes against persons, including sexual assaults. Marci is a Life Member of the National Association of Criminal Defense Lawyers and serves on its Lawyers’ Assistance Strike Force.
CLE State Accreditation
- General 0.75
- General CLE-AL: 0.75
- General CLE-WY: 0.75
- General CLE-HI: 0.75
- General CLE-GA: 0.75
- General CLE-SD: 0.75
- General CLE-NY: 0.90
- General CLE-CA: 0.90
- General CLE-PA: 0.75
- General CLE-IL: 0.75
- General CLE-MT: 0.75
- General CLE-AK: 0.75
- General CLE-MD: 0.75
- General CLE-NM: 0.75
- General CLE-VT: 0.75
- General CLE-MA: 0.75
- General CLE-DC: 0.75
- General CLE-ND: 0.75
- General CLE-OR: 0.75
- General CLE-WA: 0.75
- General CLE-CT: 0.75
- General CLE-NH: 0.75
- General CLE-FL: 0.90
- General CLE-VI: 0.75
- General CLE-AZ: 0.75
CLE State Accreditation:
- General 0.75
- General CLE-AL: 0.75
- General CLE-WY: 0.75
- General CLE-HI: 0.75
- General CLE-GA: 0.75
- General CLE-SD: 0.75
- General CLE-NY: 0.90
- General CLE-CA: 0.90
- General CLE-PA: 0.75
- General CLE-IL: 0.75
- General CLE-MT: 0.75
- General CLE-AK: 0.75
- General CLE-MD: 0.75
- General CLE-NM: 0.75
- General CLE-VT: 0.75
- General CLE-MA: 0.75
- General CLE-DC: 0.75
- General CLE-ND: 0.75
- General CLE-OR: 0.75
- General CLE-WA: 0.75
- General CLE-CT: 0.75
- General CLE-NH: 0.75
- General CLE-FL: 0.90
- General CLE-VI: 0.75
- General CLE-AZ: 0.75