In the world of criminal defense, it’s not just about who did what—it’s about what can be proven. In fact, many cases hinge on the finer details, including the jury instructions that guide how a case should be considered. These instructions can have a significant impact on how a jury deliberates and, ultimately, how a defendant is judged.

At the close of trial, right before the jury begins deliberations, the judge provides a set of guidelines for the jury to follow, called jury instructions. These instructions explain the law that applies to the case and provide the jury with the framework they need to evaluate the evidence, apply the law, and render a verdict. Essentially, jury instructions ensure that the jury understands their role and the legal standards they must follow when deciding whether the defendant is guilty or not guilty.

Each unique case requires a unique, case-specific set of jury instructions. It is imperative to have an experienced, knowledgeable criminal defense attorney to ensure the proper instructions are provided to your jury. In this article, we will discuss the common instruction on “mere presence”—the legal protection for being in the wrong place at the wrong time.

The mere presence instruction tells a jury that simply being at the scene of a crime does not make someone guilty of committing it. Imagine you’re standing in the kitchen of a house while your friend is in the living room robbing the place. If you did not participate in the crime in any way, your mere presence in the house does not automatically make you culpable of the robbery in the next room.

In fact, the jury instruction for mere presence is a safeguard against assuming guilt simply because someone was near a crime. The prosecution needs more than just proximity; it needs evidence that connects the accused to the actual crime. Mere presence is not enough to establish guilt. Mere presence is not a criminal act.

To illustrate further, let’s consider a hypothetical case where a person is accused of stealing a car. The prosecution can present evidence that the accused was seen near the car moments before it was noticed missing, and the accused’s fingerprints were found on the door handle after the vehicle was recovered. The mere presence instruction explains that presence at the scene of the crime is insufficient evidence of guilt of perpetrating the crime. Applied here, the accused’s fingerprints could have been left on the vehicle at any time, and if there is a plausible, innocent explanation for why the defendant was near the car before the theft (such as visiting a cousin who lives next door or passing by while walking to the store), merely being placed at or near the vehicle is not enough. The jury must acquit the defendant.

As your criminal defense lawyers, we understand how to adequately instruct the jury on the law and then incorporate those instructions into the defense of your case. Whether you’re facing charges or helping someone who is, knowing how the jury instructions work and what the prosecution must prove can help guide your decisions.

If you have any questions about your case or need legal guidance, don’t hesitate to contact our firm. We’re here to fight for your rights to the fullest extent of the law.