Jd. Lieberman et Bd. Sales, WHAT SOCIAL-SCIENCE TEACHES US ABOUT THE JURY INSTRUCTION PROCESS, Psychology, public policy, and law, 3(4), 1997, pp. 589-644
This article critically examines the social science research relevant
to evaluating the effectiveness of judicial. instructions. For several
decades it has been shown repeatedly that jurors' comprehension of in
structions is poor. Consequently, factors that contribute to instructi
on ineffectiveness are examined. In addition to focusing on the genera
l problem of instruction comprehension, this article reviews limitatio
ns associated with a variety of specific types of instructions. Fortun
ately, several solutions for improving comprehension rates have been e
mpirically demonstrated, the most notable of these being rewriting ins
tructions based on commonly accepted psycholinguistic principles. Othe
r solutions are also addressed. The article concludes with a discussio
n of the implications of these findings for public policy.