A View from the Bench Instructions: A Primer for Counsel

摘要

Counsel have an important role to play in proposing instructions and objecting if required instructions are not given. Counsel should consider what instructions may be appropriate well in advance of trial by starting with the instructions checklist in the back of the Benchbook. Counsel should also review recent case law to determine if the standard Benchbook instructions need to be changed. When the case involves a novel evidentiary issue or an offense under Article 133 or 134 of the UCMJ that does not have enumerated elements, counsel should submit proposed instructions on these issues to the military judge at their earliest opportunity. During trial, counsel should be alert to instructional issues raised by the evidence, update their instructions checklist, and be ready to respond intelligently when the judge asks what instructions should be given. Counsel should also stay alert while the judge is reading the instructions to ensure they are given properly. Instructions are a critical part of the trial. Counsel can help shape the instructions by reviewing the Benchbook prior to trial and being alert to instructional issues during trial.