NCJ Number
99873
Date Published
1985
Length
18 pages
Annotation
An analysis of the empirical research regarding jury instructions concludes that intuitive confidence in the jury system may not be justified because jurors generally lack the appropriate level of understanding of laws.
Abstract
In most jurisdictions, juries must reach a verdict in conformance with the law and must follow a legally prescribed process to reach the verdict. The judge's duty to instruct the jury on the law was stated explicitly in 1895 by the U.S. Supreme Court. Although a jury cannot be said to have reached a correct verdict unless it understands the relevant law, empirical studies have repeatedly shown jurors' lack of understanding of the law after receiving their instructions. Both the language used in the instructions and the fact that jurors do not receive written copies of the instructions are the sources of this lack of understanding. Jurors should both hear the instructions and receive a written copy to read and review during deliberation. The instructions should use active, short, simple sentences and common words whenever possible. They should also be carefully organized. Researchers need to take a more active role in helping implement their findings on jury instructions. They must recognize, however, that time, costs, and other issues may impede this effort. Notes and 29 references.