Jury Charge Dictation and Transcription
Why the charge is unforgiving
The jury charge (also called instructions) is read by the judge from a prepared written text, and it is frequently the basis for appellate review of preserved objections. Reproduce it verbatim: awkward statutory phrasing, gender pairs ("he or she"), quoted defined terms, numbered paragraphs, and the judge's transitional remarks ("Ladies and gentlemen, I will now instruct you on the law").
Master the vocabulary: preponderance of the evidence, clear and convincing evidence, beyond a reasonable doubt, burden of proof, presumption, inference, credibility, proximate cause, negligence, malice, culpable mental state, affirmative defense, lesser included offense, elements, circumstantial evidence, unanimous verdict.
Traps
Modal verbs carry legal weight - "may," "must," and "shall" are not interchangeable, and a reporter never upgrades or downgrades them. Watch for judges reading statutory citations, section symbols, and case names; for a judge who departs from the written text and then self-corrects ("strike that - excuse me"); and for optional bracketed or parenthetical language that is read aloud. Record what was actually said, then note the correction; do not silently conform the transcript to the written charge.
Rule of thumb: if the judge offers the written charge or verdict form, take it, and use the break to verify names, case numbers, and numerals in the verdict form.
Worked example: "the plaintiff has the burden of proving, by a preponderance of the evidence, that the defendant's negligence was a proximate cause of the injury." Note "preponderance of the evidence," not "preponderance of evidence," and keep the article "a" before "proximate cause."