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Improving the Trial Process for Jurors
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35
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TO THE GREATEST EXTENT FEASIBLE, EACH JUROR SHOULD BE GIVEN A COPY OF THE JURY INSTRUCTIONS BEFORE ORAL INSTRUCTION BY THE COURT.
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Copies of
Instructions for
Each Juror
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Giving a copy of the instructions to each juror before instruction by the court and argument of counsel substantially aids jurors’ understanding of the instructions individually and as a whole. Increased comprehension of the instructions allows jurors to relate the instructions to the facts more quickly, thus expediting deliberations. The American Bar Association and New York Bar Association recommend the practice.3 Three studies reported four advantages to providing each juror with his or her own copy of instructions before oral instruction by the court and final arguments by counsel:4
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- Jurors experienced less confusion about the instructions.
- Jurors reported deliberations were aided because of the individual copies.
- Jurors had fewer questions about the instructions during deliberations.
- Jurors were more confident in their verdict.
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Short Trials
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In a very short trial having few instructions, it may not be practical or necessary to provide jurors with individual copies.
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References:
G. Thomas Munsterman, et al., Jury Trial Innovations, §IV-5 (3rd ed. 1997).
B. Michael Dann, ”’Learning Lessons’ and ‘Speaking Rights’: Creating Educated and Democratic Juries”, 68 Ind. L.J. 1229 (1993).
Arizona Supreme Court Committee on More Effective Use of Juries, Jurors: The Power of 12, Summary of Recommendations, no. 42 (p. 25).
American Bar Association, Charting a Future For the Civil Jury System: Report from an American Bar Association/Brookings Symposium 24 (1992) (recommending all jurors be provided copies of final instructions).
American Bar Association, Special Committee on Jury Comprehension, Jury Comprehension in Complex Cases, 51-52 (1989) (unanimous reports by jurors that copies of instructions were helpful in deliberations).
Heuer & Penrod, “Instructing Jurors: A Field Experiment with Written and Preliminary Instructions,” 13 Law & Hum. Behav. 409 (1989) (finding that providing written instructions tended reduce juror disagreements about instructions and finding no support for contention that written instructions lengthen proceedings).
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3 B. Michael Dann, “’Learning Lessons’ and ‘Speaking Rights’: Creating Educated and Democratic Juries”, 68 Ind. L.J. 1229, 1259 n. 203 (1993).
4 Id., citing Jury Comprehension in Complex Cases, 1989 A.B.A. Litig. Sec. Rep.; Committee on Federal Courts, New York State Bar Ass’n, “Improving Jury Comprehension in Complex Civil Litigation”, 62 St. John’s L. Rev. (1988); Sand and Reiss, “A Report on Seven Experiments Conducted by District Court Judges in the Second Circuit”, 60 N.Y.U. L. Rev. 423 (1985).
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