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Juridic Decisions: In Ignorance of the Law or in Light of It?

Juridic Decisions: In Ignorance of the Law or in Light of It? Pattern jury instructions have been criticized for being less than understandable to the average juror and thus for causing arbitrary juridic decisions. Two studies were conducted to establish whether these criticisms are justified and to find solutions to these problems. Both studies established the validity of the criticisms by demonstrating that the presentation of presently used Michigan negligence instructions is about as effective in helping jurors understand the laws as the presentation of no instructions at all. It was found that by rewriting these instructions in accordance with empirical knowledge of what elements affect perception, memory, and comprehension of language, their effectiveness was significantly improved. Furthermore, it was found that the presentation of instructions both at the beginning and at the end of a case would allow jurors a greater opportunity to focus their attention on relevant evidence and to remember it. The studies demonstrate the urgent need for jurisdictions around the country to improve the way jury instructions are written and delivered, if they expect jurors to reach verdicts in light of the law rather than in ignorance of it. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Law and Human Behavior American Psychological Association

Juridic Decisions: In Ignorance of the Law or in Light of It?

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Publisher
American Psychological Association
Copyright
Copyright © 1977 American Psychological Association
ISSN
0147-7307
eISSN
1573-661X
DOI
10.1007/BF01053437
Publisher site
See Article on Publisher Site

Abstract

Pattern jury instructions have been criticized for being less than understandable to the average juror and thus for causing arbitrary juridic decisions. Two studies were conducted to establish whether these criticisms are justified and to find solutions to these problems. Both studies established the validity of the criticisms by demonstrating that the presentation of presently used Michigan negligence instructions is about as effective in helping jurors understand the laws as the presentation of no instructions at all. It was found that by rewriting these instructions in accordance with empirical knowledge of what elements affect perception, memory, and comprehension of language, their effectiveness was significantly improved. Furthermore, it was found that the presentation of instructions both at the beginning and at the end of a case would allow jurors a greater opportunity to focus their attention on relevant evidence and to remember it. The studies demonstrate the urgent need for jurisdictions around the country to improve the way jury instructions are written and delivered, if they expect jurors to reach verdicts in light of the law rather than in ignorance of it.

Journal

Law and Human Behavior – American Psychological Association

Published: Jun 1, 1977

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