ABSTRACT
This chapter discusses the factors that contribute to instruction ineffectiveness, such as: the problematic language and writing style associated with instructions, the complexity of the trial, individual differences among jurors including education level, and juror's pre-existing beliefs about the law. It discusses the general problem of jury instruction comprehension as well as suggests modifications that can be made to the process of drafting and administering instructions. The chapter focuses on evaluating pattern instructions in the United States, the basic problems that have been identified appear to be present in the jury instructions used in other countries that rely on lay persons to serve as jurors as well. Educational psychology-based approaches focused on improving juror's ability to study and retain the instructions they have been presented with may be particularly useful, especially when combined with psycholinguistic revisions. The chapter concludes with a discussion of public policy issues that are relevant to the topic of jury instructions.
