COMPREHENDING LIFE AND DEATH MATTERS - A PRELIMINARY-STUDY OF CALIFORNIA CAPITAL PENALTY INSTRUCTIONS

Modem capital jurisprudence places special significance on judicial in structions to guide the discretion of the capital jury in reaching a p enalty phase decision. Yet, previous social science research has raise d doubts about the extent to which judicial instructions are generally understood by jurors and questioned their utility in producing intend ed effects. The present study measured the comprehension of the capita l sentencing instruction employed in California. Data suggest widespre ad inability to define accurately the central concepts of aggravation and mitigation in use in virtually every state that currently has a de ath penalty statute, as well as the inability to distinguish properly the sentencing significance of the enumerated factors jurors are direc ted to use in reaching their life and death verdicts. In addition, an inordinate focus on the circumstances of the crime-to the exclusion of other potentially important factors-was identified, as well as specia l problems in comprehending the crucial concept of mitigation in const itutionally required ways.