NCJ Number
132135
Journal
Law and Society Review Volume: 25 Issue: 1 Dated: (1991) Pages: 155-175
Date Published
1991
Length
21 pages
Annotation
Empirical research demonstrates that jurors have difficulty understanding and following traditional instructions about the law.
Abstract
The social science literature recommends several procedural reforms, including giving important instructions at the start of the trial and providing jurors with written instructions. This article examines changes in the law following the publication of this social science research, comparing courts, legislatures, and rule-making commissions. Analysis reveals that although all three institutions are dominated by lawyers, they have acted differently. Commissions have made substantial changes in the law consistent with the recommendations of social scientists, legislatures have made few changes, and courts have changed case law in the opposite direction, suggesting support for a theory of institutional context. 3 tables, 1 appendix, 23 notes, and 53 references (Publisher's abstract)