NCJ Number
157884
Date Published
1995
Length
8 pages
Annotation
Seven proposals for improving juror performance in civil cases are evaluated: (1) revised jury instructions, (2) juror note taking, (3) question asking, (4) juror discussion during trial, (5) minimum education requirements, (6) complexity requirements, and (7) guidance in determining awards.
Abstract
Research suggests that improving jury instructions, allowing note taking, and allowing jurors to ask questions can significantly improve juror performance, while helping reduce juror frustration. However, further research is needed on the issue of tailoring jury instructions to the facts of cases. Allowing jurors to discuss cases during trials should result in jurors' prematurely adopting the same shared biases before hearing all the evidence, undermining some of the benefits of post-trial deliberation. It not clear that minimum education requirements and complexity limits would be beneficial. Finally, caution is needed regarding attempts to influence jury awards, because a failure to understand how jurors compute damages can lead to unintended consequences. Footnotes and appended list of criteria for evaluating the jury system.