united-states criminal-procedure
Are defense attorneys allowed to display the law to the jury?
<p>This may sound kind of crazy, but I think in many cases things go against defendants because the jury simply does not know what the law is. A judge's instruction is not the same as a juror actually READING the law.</p>
<p>So, this brings up an interesting question: can a defense attorney make a poster that has the text of the law in question (in other words the law under which the defendant is charged) and set up that poster on an easel in the courtroom for the jury to read, or to use it as an exhibit as the attorney makes his case?</p>
<p>Pursuant to this question, in New Hampshire law, the following statute is current:</p>
<blockquote>
<p>519:23-a Right of Accused. – In all criminal proceedings the court
shall permit the defense to inform the jury of its right to judge the
facts and the application of the law in relation to the facts in
controversy.</p>
</blockquote>
<p>This statute could be interpreted as allowing the defense to inform the jury of the text of the law.</p>

<h2>The jury does not get to decide what the law is</h2>
<p>The jury is the trier of fact and they get told what the law is by the trier of law: the judge.</p>
<p>The New Jersey law quoted says as much - the defence can tell the jury they can “judge the facts and the <strong>application</strong> of the law in relation to the facts” - they don’t get to decide what the law <em>is</em>.</p>
<p>Counsel can and do make submissions on points of law to the judge but they don’t tell them what the law is because:</p>
<ol>
<li>the judge decides what the law is - not the parties. That’s their primary job.</li>
<li>they can assume the judge has read the relevant law</li>
<li>they have set out their interpretation of the law including all the case citations in submissions well before any hearing involving a jury</li>
<li>The judge will have ruled on points of law where the parties differ. A party that disagrees with the ruling can ask to make further submissions and/or appeal later.</li>
<li>Points of law are properly raised <em>without</em> the jury: at the bench, in chambers or in written submissions.</li>
</ol>
