NCJ Number
83984
Date Published
1982
Length
414 pages
Annotation
Many juries fail to carry out their legal obligations because they are unable to understand the law. This book presents models and step-by-step directions on how to write (or rewrite) jury instructions.
Abstract
Empirical evidence demonstrates that when jurors do not understand the law, both the process (deliberations) and the outcome (verdicts) of trials become 'lawless.' Such lawless decisionmaking can result in guilty litigants not being brought to justice or in litigants unjustly losing their freedom, property, or even their lives. To help correct the problem, jury instructions should be presented in written and oral form and at the beginning as well as at the end of trials. The instructions should be tested on volunteer jurors; instructions judged incomprehensible should be rewritten and retested. This rewriting/retesting cycle should continue until all points of law touched on by the instructions are easy to understand. The text explains how to implement these procedures, recruit jurors, prepare, administer, and score comprehension tests, and analyze test results. It also describes the facilities needed for such a program. Directions for rewriting cover organization of information, grammar, and vocabulary (with attention to substitute terminology for legal jargon). Footnotes, sample forms, flow charts, and an index are provided. Appendixes include copies of questionnaires, rewritten instructions, and computer programs used to demonstrate the efficacy of the procedures.