ABSTRACT
The purpose of the trial is to apply law to the facts determined by the jurors, and the instructions supply the jurors with the law to apply. Several experiments not only point to that cause; they also report that when that cause is removed by rewording the instructions, juror understanding improves markedly. The techniques relate to word choice, the use of phrases and clauses, sentence structure and the overall organization of instructions. The draftsman of an uncharged misconduct evidence instruction can obviously capitalize on associational organization. The draftsman can thus use all three organizational principles to structure a limiting instruction on uncharged misconduct evidence. It is the author's hope that this article will help individual attorneys and judges draft more effective jury instructions. More broadly, hopes that the article will add momentum to the movement for reform of jury instructions. However, there is good reason for at least cautious optimism.
