lawgator1
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There are in all jurisdictions going to be a set of pattern jury instructions. For most claims or, in this case criminal charges, there are going to be a set of instructions which the highest court in the jurisdiction has adopted as patterns.
However, any party or the Court on its own motion can seek a modification of them in order to meet the individual facts of the case. So long as the instruction that is read is supported by the facts and is a fair representation of the law, they are rarely going to be the subject of reversal by the appellate court, especially because the appellate court realizes that it is reading a transcript whereas the trial judge has the better vantage point from which to make judgments about what the instructions need to contemplate.
It is not an exact science.
However, any party or the Court on its own motion can seek a modification of them in order to meet the individual facts of the case. So long as the instruction that is read is supported by the facts and is a fair representation of the law, they are rarely going to be the subject of reversal by the appellate court, especially because the appellate court realizes that it is reading a transcript whereas the trial judge has the better vantage point from which to make judgments about what the instructions need to contemplate.
It is not an exact science.
