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17 Law & Soc'y Rev. 153 (1982-1983)
Improving the Ability of Jurors to Comprehend and Apply Criminal Jury Instructions

handle is hein.journals/lwsocrw17 and id is 155 raw text is: IMPROVING THE ABILITY OF JURORS TO COMPREHEND AND APPLY CRIMINAL JURY INSTRUCTIONS LAURENCE J. SEVERANCE* ELIZABETH F. LOFTUS The complexity and linguistic construction of jury instructions can inhibit jurors' ability to comprehend and apply the law. Study 1 analyzes questions asked by actual deliberating jurors in order to identify sources of juror misunderstanding in criminal pattern jury instructions. Instructions concerning reasonable doubt, criminal intent, the use of evidence concerning prior convictions, and the general duties of jurors, are selected for further investigation. Study 2 uses videotaped trial materials to pinpoint linguistic problems that confuse jurors and interfere with their abilities to accurately comprehend and apply the selected pattern jury instructions. Available knowledge concerning psycholinguistics is then applied to rewrite the troublesome instructions; in addition, legal expertise is consulted to help assure that the rewritten instructions are legally valid. Study 3 demonstrates that the rewritten instructions improve jurors' understanding relative to Pattern or No instructions. Overall, the research indicates the availability to the criminal justice system of improved methods for instructing jurors accurately and effectively in the law. In criminal cases, the right of accused persons to trial by jury is guaranteed under the Sixth Amendment to the U.S. Constitution. The jury's duties in a criminal trial are to decide the facts by examining evidence and testimony presented during trial and then to apply the law, as received through instructions from the judge, to reach a verdict of guilty or not guilty. From a legal perspective, the judge's instruction on the law is crucial information intended to provide the jury with the proper legal standards for reaching a verdict.' A major problem for criminal defendants and for jurors is the fact that laypersons who serve on juries are often unable to understand the instructions on the law given by the judge. Misunderstanding arises from the syntax of the instructions, from the manner of presentation, and from the general The authors wish to especially thank Edith Greene, Carla lafrate, and Marlene Flynn for their assistance in various phases of this research. 1 See, for example, In re Winship (1970), in which the U.S. Supreme Court required that in every criminal trial, the jury be instructed on the standard of proof needed to convict a defendant (proof beyond a reasonable doubt). LAW & SOCIETY REVIEW, Volume 17, Number 1 (1982)

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