I can see your point and I do agree. After all jury instructions are supposed to instruct the jury how to apply the law to the facts of the case. So when West argued that there should be a section in the jury instruction about how following someone is not illegal I would think is improper.
Jury instructions apply the statutes. Not what is NOT in them. And I think she did make a valid point that the defense can argue non-illegality of following someone in their closing arguments.
Yes. ....and have become a standardized product of courtroom procedures.
So.... why this major attempt by the Judge, the State , and Defense to CHANGE the JURY INSTRUCTIONS ?
(kind of a rhetorical question, I think we all know why)