Legal Definitions - exceptional charge

An exceptional charge refers to a specific instruction given by a judge to a jury that is unusual, highly specific, or tailored to the unique circumstances of a particular case. It goes beyond the standard, routine instructions typically provided to a jury. Judges issue an exceptional charge when a case presents complex legal issues, novel factual scenarios, or requires special guidance for the jury to correctly understand and apply the law.

This term is often used interchangeably with special charge, both indicating an instruction that addresses a particular point of law or fact that is not covered by general jury instructions, or that needs particular emphasis due to the case's distinct nature.

• Example 1: Complex Scientific Evidence

  In a lawsuit involving a pharmaceutical company accused of patent infringement, the evidence presented includes highly technical data from advanced chemical analyses and genetic sequencing. The judge, recognizing the complexity, gives an exceptional charge to the jury. This instruction specifically guides them on how to evaluate expert testimony related to the scientific methodology, the burden of proof for demonstrating molecular similarity, and the legal standards for determining novelty and non-obviousness in patent law. This charge is exceptional because it provides specialized legal guidance necessary for understanding and weighing evidence that is far beyond typical jury comprehension without such specific direction.

• Example 2: Novel Legal Theory in a Civil Rights Case

  A civil rights case is brought against a city for alleged discrimination based on a newly recognized protected characteristic under state law. The plaintiff's legal team argues for an interpretation of existing anti-discrimination statutes to cover this new characteristic. The judge, after hearing arguments, issues an exceptional charge to the jury. This charge outlines the specific elements the jury must find to determine if discrimination occurred under this novel legal theory, explaining how to apply the law to the unique facts presented, rather than relying solely on standard discrimination instructions. It is exceptional because it addresses an evolving area of law and provides specific parameters for the jury's deliberation on a point not yet firmly established in routine legal practice.

• Example 3: Unique Factual Scenario in a Criminal Defense

  During a criminal trial for assault, the defendant claims self-defense, but the circumstances are highly unusual—for instance, the alleged assault occurred during a chaotic natural disaster where traditional notions of threat and response might be altered. The judge, instead of giving a standard self-defense instruction, provides an exceptional charge. This instruction specifically details how the jury should consider the unique environmental factors and the defendant's perception of immediate danger within the context of the disaster when evaluating the reasonableness of their self-defense claim. This charge is exceptional because it adapts a common legal defense to a highly atypical factual situation, ensuring the jury understands the specific legal framework applicable to the extraordinary circumstances.