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JUDGES SHOULD ENCOURAGE ALL TRIAL PARTICIPANTS TO USE PLAIN LANGUAGE LIKELY TO BE UNDERSTOOD BY THE JURY. JUDGES SHOULD ALSO TAKE STEPS TO MINIMIZE JUROR CONFUSION.
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A point can be lost by the use of a word or phrase not understood by a juror. Terms may not be readily understandable when they are not in common usage.
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It will require a concerted effort on everyone’s part to change the way we speak. Courses on this subject have been offered in law school and in continuing legal education classes, but more needs to be done.
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Promote the
Use of Plain Language
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Judges have the opportunity to promote the use of plain language in trial proceedings. First, judges should take care to use plain language, such as using the term “jury selection” instead of “voir dire.” Second, judges should minimize the likelihood that other trial participants will confuse the jury with language that is not clear. As examples, judges may provide jurors with a glossary of terms that are likely to arise during trial. They may also remind lawyers before and during the trial about the importance of using plain language.
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References:
G. Thomas Munsterman, et al., Jury Trial Innovations, pp. 157-58 (3rd ed. 1977).
Arizona Supreme Court Committee on More Effective Use of Juries, Jurors: The Power of 12, pp. 99-101 (1994).
Report of the Colorado Supreme Court Committee on the Effective and Efficient Use of Juries in Colorado, pp. 33-35 (1997).
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