In a New York criminal trial, after both parties present their evidence, the judge will instruct the jury on the applicable law. The court’s jury instructions, or jury charge as it is also known, is an essential part of the trial because it frames how the jury will view the case and what questions the jurors must answer. Like other phases of the trial, each side can present proposed jury instructions to the court in hopes of obtaining a favorable instruction.
One of the most important jury instructions in a New York violent crime case is a missing evidence instruction. Missing evidence instructions can be based on physical evidence or witness testimony. A missing witness instruction is when the court explains to the jury that it can “draw an unfavorable inference based on a party’s failure to call a witness who would normally be expected to support that party’s version of events.” A recent case illustrates the importance of a missing witness instruction.
According to the court’s opinion, the victim was walking with her boyfriend as the defendant approached them from behind. As the defendant neared the couple, the victim’s boyfriend saw that the defendant had a gun and pushed the victim out of the way. The victim fell to the ground, and looked up at the defendant as he shot her. The victim was later found by police and identified the defendant.