Legal Definitions - argumentative instruction

An argumentativeinstruction is a type of jury instruction that assumes facts not in evidence, emphasizes a particular issue or defense, or invades the jury's role in evaluating the evidence. It is not allowed in court because it can unfairly influence the jury's decision.

For example, if a judge gives an instruction that says "you must find the defendant guilty because he looks like a criminal," this would be an argumentative instruction because it assumes a fact not in evidence (that the defendant looks like a criminal) and unduly emphasizes a particular issue (the defendant's appearance) instead of evaluating the evidence presented in court.

Another example of an argumentative instruction is if a judge tells the jury that they must find the defendant guilty because the victim was a sympathetic person. This would be an argumentative instruction because it invades the jury's role in evaluating the weight and sufficiency of the evidence presented in court.