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Simple English definitions for legal terms
argumentative instruction
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A quick definition of argumentative instruction:
An argumentative instruction is a direction given by a judge to a jury during a trial. It is called argumentative because it assumes facts that are not in evidence, emphasizes a particular issue or defense, or invades the jury's role in deciding the weight, probative value, or sufficiency of the evidence. This type of instruction is not allowed because it can unfairly influence the jury's decision. Other types of instructions include mandatory instructions, which require the jury to find for one party based on a set of facts, and cautionary instructions, which tell the jury to disregard certain evidence or not be influenced by outside factors. Model jury instructions are also used as a guide for judges to give instructions to the jury.A more thorough explanation:
An argumentative instruction is a type of jury instruction that assumes facts not in evidence, emphasizes a particular issue or defense, or invades the jury's role in evaluating the evidence. It is not allowed in court because it can unfairly influence the jury's decision.
For example, if a judge gives an instruction that says "you must find the defendant guilty because he looks like a criminal," this would be an argumentative instruction because it assumes a fact not in evidence (that the defendant looks like a criminal) and unduly emphasizes a particular issue (the defendant's appearance) instead of evaluating the evidence presented in court.
Another example of an argumentative instruction is if a judge tells the jury that they must find the defendant guilty because the victim was a sympathetic person. This would be an argumentative instruction because it invades the jury's role in evaluating the weight and sufficiency of the evidence presented in court.