In a Los Angeles DUI trial, jurors take an oath to follow the law just as they do in all criminal trials. The law jurors must follow is given to them in the form of jury instructions. In a Los Angeles DUI trial, the judge usually reads the instructions out loud and gives a copy to jurors. The judge may read the jury instructions before closing arguments or just before the jury begins deliberations.
California jury instructions are derived from CALJIC, or California Jury Instructions, Criminal. Both the prosecutor and the defense lawyer may submit their own proposed jury instructions tailored to the specific facts of their case. An experienced Los Angeles DUI attorney will submit proposed jury instructions that are specifically designed to improve your prospects in your drunk driving trial.
The judge in your Los Angeles DUI trial will discuss the proposed jury instructions with the prosecutor and your defense lawyer outside of the presence of jurors. The prosecutor may request jury instructions to which the defense objects, and vice-versa. Each side is allowed to argue their objections to the other side's proposed instructions before the judge rules on whether they should be included.
A key jury instruction used by experienced Los Angeles DUI attorneys is CALJIC No. 224, which addresses circumstantial evidence. It reads as follows:
Circumstantial Evidence: Sufficiency of Evidence
Before you may rely on circumstantial evidence to conclude that
a fact necessary to find the defendant guilty has been proved,
you must be convinced that the People have proved each fact
essential to that conclusion beyond a reasonable doubt.
Also, before you may rely on circumstantial evidence to find the
defendant guilty, you must be convinced that the only reasonable
conclusion supported by the circumstantial evidence is that the
defendant is guilty. If you can draw two or more reasonable
conclusions from the circumstantial evidence, and one of those
reasonable conclusions points to innocence and another to guilt,
you must accept the one that points to innocence. However, when
considering circumstantial evidence, you must accept only
reasonable conclusions and reject any that are unreasonable.
Put another way, this jury instruction states that in a case supported by circumstantial evidence, the prosecution carries the burden of proving your guilt in element of the case beyond a reasonable doubt. The jury is further instructed that if circumstantial evidence supports more than one conclusion, jurors must accept the version that points to your innocence.
This jury instruction is extremely useful in casting doubt on every item of circumstantial evidence in the prosecution's case. It's important to know that your Los Angeles DUI attorney understands the significance of well-tailored jury instructions in your LA DUI case.
