Juridic decisions: In ignorance of the law or in light of it?

Abstract

Pattern jury instructions have been criticized for being less than understandable to the average juror and thus for causing arbitrary juridic decisions. Two studies were conducted to establish whether these criticisms are justified and to find solutions to these problems. Both studies established the validity of the criticisms by demonstrating that the presentation of presently used Michigan negligence instructions is about as effective in helping jurors understand the laws as the presentation of no instructions at all. It was found that by rewriting these instructions in accordance with empirical knowledge of what elements affect perception, memory, and comprehension of language, their effectiveness was significantly improved. Furthermore, it was found that the presentation of instructions both at the beginning and at the end of a case would allow jurors a greater opportunity to focus their attention on relevant evidence and to remember it. The studies demonstrate the urgent need for jurisdictions around the country to improve the way jury instructions are written and delivered, Jf they expect jurors to reach verdicts in light of the law rather than in ignorance of it.

The ecological validity of jury simulations: Is the jury still out?

“…Thus, although the main effect of instructions was the same for both samples (as in Elwork et al, 1977), the instructions' effect did vary across samples when combined with the variable of the judge's belief. There are three reasons not to be overly concerned by this fi nding: First, the sample size in Halverson et al's (1997) second experiment (10-14 per cell) is much smaller than in their fi rst experiment (30 per cell), making the results of the second experiment potentially less stable.…”

The feasibility and utility of pretrial instruction in the substantive law: A survey of judges.

“…Elwork, Sales, and Alfini (1977) found that mock jurors instructed prior to trial were more likely to favor a defense interpretation on two of three disputed issues in an automobile negligence case. However, it is not 1 It is possible that jurors acquire some familiarity with the law prior to the judge's instructions.…”

Objective and Subjective Comprehension of Jury Instructions in Criminal Trials

“…Early research in this area demonstrated that the use of psycholinguistic principles to rewrite instructions improved juror comprehension (e.g., Elwork, Sales, & Alfini, 1977), but it has been noted that there has been limited research since then (e.g., Finkel, 2002), potentially because it was perceived by practitioners that jurors did not have a problem with comprehending instructions (Ellsworth & Reifman, 2000; although see Marder, 2006 andAmerican Bar Association, 2005 for notable exceptions). Research has consistently shown that this is not the case (e.g., Ellsworth, 1989).…”