NCJ Number
62324
Date Published
1979
Length
118 pages
Annotation
THE HISTORICAL DEVELOPMENT, PERCEIVED GOALS AND ADVANTAGES, AND THE LIMITATIONS AND POTENTIAL DISADVANTAGES OF PATTERN JURY INSTRUCTIONS ARE EXAMINED.
Abstract
AS OF DECEMBER 31, 1978, PATTERN JURY INSTRUCTIONS FOR CIVIL CASES WERE PUBLISHED AND WIDELY USED IN 38 JURISDICTIONS THROUGHOUT THE NATION WITH DRAFTING PLANS UNDERWAY IN 4 OTHERS. CRIMINAL JURY INSTRUCTIONS WERE ALSO AVAILABLE IN 38 JURISDICTIONS, WITH PROJECTS PLANNED OR UNDERWAY IN 7 OTHERS. BY 1980, AT LEAST 1 SET OF INSTRUCTIONS WILL BE AVAILABLE IN 43 STATES, THE DISTRICT OF COLUMBIA, AND THE FEDERAL COURTS. SUFFICIENT INTEREST HAS BEEN EXPRESSED IN THREE OTHER STATES TO PROJECT THAT PATTERN JURY INSTRUCTIONS WILL BE AVAILABLE BY THE EARLY 1980'S. THE FAVORABLE RECEPTION ACCORDED PATTERN JURY INSTRUCTIONS IS DUE TO A NUMBER OF ADVANTAGES THEY PURPORTEDLY OFFER OVER TRADITIONAL INSTRUCTION PRACTICES. IDEALLY, THEY ARE CLEAR, CONCISE, ACCURATE, AND IMPARTIAL STATEMENTS OF LAW WRITTEN IN EASILY UNDERSTOOD LANGUAGE. THEORETICALLY, STANDARDIZED INSTRUCTIONS OUGHT TO YIELD IMPARTIALITY OF THE CHARGE, UNIFORMITY IN CASE TREATMENT, TIME SAVINGS, REDUCTION IN APPELLATE COURT WORKLOADS, ACCURACY IN THE STATEMENT OF THE LAW, AND INCREASED JUROR COMPREHENSION OF INSTRUCTIONS. YET, THE FOLLOWING CRITICISMS HAVE BEEN ADVANCED: (1) PATTERN INSTRUCTIONS ARE TOO ABSTRACT, (2) THEY DISCOURAGE FLEXIBILITY IN INSTRUCTING JURIES, (3) THEY OFTEN ARE VIEWED AS SLANTED BY BOTH PLAINTIFF AND DEFENDANT ATTORNEYS, AND (4) NO CONSENSUS ON THE PROPER STANDARDS FOR THEIR USE EXISTS. ALSO, DRAFTING COMMITTEES NEED TO GIVE MORE CAREFUL ATTENTION TO THE LANGUAGE OF THE PATTERN INSTRUCTIONS. FOOTNOTES ARE INCLUDED. APPENDIXES CONTAIN DETAILED INFORMATION ON PATTERN INSTRUCTIONS AND DRAFTING EFFORTS ON A STATE-BY-STATE BASIS. A BIBLIOGRAPHY IS PROVIDED. (RCB)