Pattern Jury Instructions

Many of the instructions that the judge will give come from a book of pattern jury instructions developed by the Council of Superior Court Judges to aid the process of jury instruction. These pattern jury instructions include instructions covering common areas such as: presumption of innocence, burden of proof, reasonable doubt, evidence, direct and circumstantial, and credibility and impeachment of witnesses. Jury instructions do not need to track exactly the pattern instructions so long as the charge is a correct statement of the law and not confusing or misleading. Green v. State, 291 Ga. 287 (2012); Damerow v. State, 310 Ga. App. 530 (2011); Watkins v. State, 265 Ga. App. 54 (2004). All errors in the jury charge are presumed to be prejudicial unless shown to be harmless. Where two or more jury instructions conflict with one another, a new trial is required. Able v. State, 312 Ga. App. 252 (2012). 

 

A jury charge cannot shift the burden of proof to the defendant. Ward v. State, 312 Ga. App. 609 (2011). 

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