Washington State Courts - Jury Commission

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Improving the Trial Process for Jurors

27	IN BOTH CIVIL AND CRIMINAL CASES, AFTER THE JURY IS IMPANELED, THE JUDGE SHOULD INSTRUCT THE JURORS AS TO THE BASIC ELEMENTS OF THE CLAIMS, CHARGES, AND DEFENSES. THE JUDGE MUST INFORM THE JURORS THAT THE INSTRUCTIONS ARE PRELIMINARY ONLY AND THAT THEIR DELIBERATIONS MUST BE GOVERNED BY THE FINAL INSTRUCTIONS.
Pre-Instructing the Jury	Informing jurors about the applicable legal principles at the beginning of the case helps them to understand the testimony more easily and quickly. Studies confirm that pre-instructing jurors gives them a greater opportunity to focus on and remember the relevant evidence, improves their adherence to the judge’s instructions, and increases juror satisfaction.
Cautioning the Jury	Jurors should be cautioned that the preliminary instructions are intended solely to assist them in evaluating the evidence during the trial. Because claims or defenses can be dropped or added during the course of a trial, the court should advise the jurors that the preliminary instructions will not necessarily be the same as the final instructions that will govern their deliberations.
	References: G. Thomas Munsterman, et al., Jury Trial Innovations, pp. 151-53 (1997) (describing studies from the American Bar Association and others). B. Michael Dann, “Educated & Democratic Juries”, 68 Indiana L.Rev. 1229, 1249 (1993). Washington Jury Standard 16(c)(i) (3^rd ed. 1997) (a trial judge “should give preliminary instructions directly following the empanelment of the jury that explain …the issues to be addressed and the basic relevant legal principles”) (this standard is identical to the A.B.A.’s standard). Arizona Supreme Court Committee on More Effective Use of Juries, Jurors: The Power of 12, pp. 80-83 (1994). California Blue Ribbon Commission on Jury System Improvement, Final Report, p. 95 (1996). District of Columbia Jury Project, Juries for the Year 2000 and Beyond: Proposals to Improve the Jury Systems in Washington D.C, pp. 61-62 (1998).