Legal Definitions - cautionary instruction

A cautionary instruction is a specific directive given by a judge to a jury during a trial. Its purpose is to guide the jury on how to properly consider certain evidence or information, often to prevent them from misusing it, being unfairly prejudiced, or drawing improper conclusions. These instructions serve as warnings or reminders, ensuring that the jury bases its decision solely on the admissible facts and applicable law, rather than on speculation, emotion, or irrelevant details.

Here are a few examples to illustrate how cautionary instructions are used:

• Example 1: Limited Use of Evidence

  During a fraud trial, the prosecution introduces evidence that the defendant had previously been disciplined by a professional licensing board for a minor ethical violation unrelated to the current charges. The judge admits this evidence, but immediately issues a cautionary instruction to the jury. The judge explains that this past disciplinary action can only be considered for the limited purpose of assessing the defendant's credibility as a witness, and not as proof that the defendant is inherently a dishonest person or guilty of the current fraud charges.

  This illustrates a cautionary instruction because it directs the jury to consider specific evidence (the past disciplinary action) for a very narrow, legally permissible purpose, while explicitly warning them against using it to draw broader, prejudicial conclusions about the defendant's character or guilt.

• Example 2: Disregarding Stricken Testimony

  In a personal injury lawsuit, a witness on the stand begins to describe a conversation they had with someone who was not present in court and whose statements would be considered hearsay. Before the witness can finish, the opposing attorney objects, and the judge sustains the objection. The judge then issues a cautionary instruction, telling the jury to completely disregard the partial statement made by the witness and to act as if they never heard it, as it is not proper evidence in the case.

  This illustrates a cautionary instruction because it warns the jury to ignore information that was improperly introduced or deemed inadmissible. It guides them to remove that information from their consideration during deliberations, ensuring their decision is based only on valid evidence.

• Example 3: Avoiding Sympathy or Prejudice

  At the beginning of a highly emotional criminal trial involving a tragic accident, the judge provides a cautionary instruction to the jury. The judge reminds them that while the circumstances are undoubtedly distressing, they must set aside any feelings of sympathy for the victim or prejudice against the defendant. The judge instructs them to base their verdict solely on the evidence presented in court and the legal principles explained in the jury instructions, without allowing emotions to influence their judgment.

  This illustrates a cautionary instruction because it guides the jury to maintain impartiality and objectivity. It warns them against allowing external factors like emotion or personal bias to sway their decision, emphasizing that their role is to apply the law to the facts dispassionately.