One thing people don't realize is that the jury is instructed on the law related to any charge that a criminal defendant has in California. In Los Angeles County, they use the California Criminal Jury Instructions, commonly called “CALCRIM.”
With a wealth of experience from over 200 jury trials, I can attest to the vital role of jury instruction. They serve as a compass, guiding the jury on what the prosecutors must prove in a criminal case.

Most charges have elements commonly known as “elements of the crime.” One or two elements could be involved; three, four, five, and six elements are individual factors the prosecutors have to prove to obtain a guilty verdict on a criminal charge.
If the prosecutors fail to meet all the elements, they cannot secure a guilty conviction or verdict from the jury, and the defense emerges victorious. Therefore, as a criminal defense attorney, it's imperative to grasp the jury instructions, as they hold the key to your success.
This is still true even as a defendant if you decide whether to plead guilty, take a deal or take the case to trial. You're going to match up whatever evidence the prosecutors have against what they have to prove.
Sometimes, they think they have the evidence; other times, they may think it, but they don't have the evidence because the defense will be able to challenge some of that evidence.
Sometimes, that evidence is necessary to prove the case, and if they cannot meet their burden, they end up with a not guilty verdict. In this article by our Los Angeles criminal defense attorneys, we will examine this topic further below
What Factors Must Be Proven in Criminal Cases?
Jury instructions are not just crucial; they are the cornerstone of a criminal case. They set the parameters for what the prosecutors must prove, guiding the jurors in their decision-making. While many jury instructions are procedural, when it comes to the elements of a crime, they become the linchpin of a guilty or not guilty verdict.
So, if you have a criminal matter and are thinking about taking the case to trial, you should pull the jury instructions for each of the crimes you are charged with.
It's crucial to review the jury instructions with your attorney. They will outline what the prosecutors have to prove, the evidence they will use, and how to counter it. Ultimately, the jury will read these instructions, guided by your attorney's expertise.
When they return to deliberate, they will be given a copy of the jury instructions, which they will use to determine whether or not the prosecution has proved its case.
How are Jury Instructions Chosen in California Criminal Cases?
Whenever somebody decides to go to trial in a criminal case, they're entitled to a jury trial, especially if they're facing any potential custody time based on the charges related to their case.
Part of that jury trial is deciding whether the defendant is innocent or guilty of the crimes they are being charged with. To do that, the Judge will give them what's called jury instructions, discussed above.

In Los Angeles County, these jury instructions are part of the CALCRIM set. They are often called the “elements of the crime.” These are the ones that the judges in LA County use.
The jury instructions will be determined by the charges the person is trying to be convicted of from a prosecution standpoint. Also, specific general jury instructions go along with every criminal jury trial.
For example, the prosecutors have to prove the case beyond a reasonable doubt is one of the jury instructions that will be given in every jury trial. If somebody is charged with Penal Code 207 PC kidnapping, then that person will be in a situation where their jury will be given kidnapping jury instructions, which is CALCRIM 1215.
If you're thinking about fighting your case, you should probably go over that with your attorney. Do you want to ask your attorney what the government has to prove in my case?
What Are Lesser Included Charges?
A lot of times, attorneys can tell you. For example, if someone is charged with Penal Code 245(a)(1) PC assault with a deadly weapon, the attorney will be able to tell them the gun can be any weapon; it doesn't necessarily have to be a firearm, for example.
It could be a car, a knife, or a boot—whatever the circumstances. I like to tell my clients in layman's terms what they're facing and what a jury would have to prove to be successful in returning a guilty verdict.

So, in addition to the separate charges, the person faces dictating exactly what their jury instructions will be. Several lesser included charges could be included.
Let's say, for example, somebody is charged with California Penal Code 664/187 PC attempted murder. Still, the facts of their case also lend them to the fact that instead of attempted murder, maybe it should be assault with a deadly weapon or some other crime, like attempted involuntary manslaughter, for example.
These are lesser included crimes. Sometimes, as a criminal defense attorney, you have to argue for them so the jury has a chance to find the person guilty of a lesser crime rather than the more serious crimes.
Other times, strategically, you want to do something other than that. You don't want your client convicted of anything. You want a straight not-guilty verdict. Other times, the judges must give particular lesser included jury instructions depending on the facts of the case and the charges.
So, what determines your jury instructions is, ultimately, your judge and your criminal defense attorney arguing on your behalf to get you the best jury instructions to end up with the best outcome at your criminal jury trial.
So, if you want the best for a jury trial, someone who has been battle-tested and has been at war for 30 years defending people just like you, you've come to the right place.
Pick up the phone. Ask for a meeting with Ron Hedding. I stand at the ready to help you. The Hedding Law Firm is located in Los Angeles County and serves people across the state of California. We offer a free case review by phone or by filling out the contact form.