Jury Instructions Do Not Instruct

Jury instructions can make the world of a difference in a trial. Well-drafted instructions can help bring together your entire trial strategy by focusing the jury on the critical issues in the case. However, on the other hand, if not drafted properly, jury instructions can leave the jury confused, which often happens. The complexity and linguistic construction of jury instructions can hinder jurors’ ability to comprehend and apply the law.  Remember, lawyers come across legal jargon daily, jurors do not. Thus, jury instructions tend to be confusing and mysterious to non-lawyers who are unfamiliar with legal jargon. 

Study on Jury Instructions:

A nationally recognized expert on jury behavior constructed a project that was funded by the American Bar Foundation and the National Science Foundation that studied fifty civil juries. The study found that jurors are very attentive; they notice everything from an attorney’s posture to the brow sweat on a defendant. The observances that jurors make help them develop the most plausible reconstruction of events that led to the trial. They “focus on inconsistencies in behavior and testimony[;] are sensitive to sources of witness interest[;] draw on common knowledge and personal experience[;] search for reference points[;] and attend to legal instructions.” (Emphasis added). However, jurors  have previously struggled in relying on jury instructions as there have been substantial failures in the jury instruction process. 

According to the study, the most common issues with jury instructions are language problems and omitting any mention of issues the jury should not answer. To top it off, when jurors ask for an explanation while deliberating, attorneys and judges do not really help. More often than not, judges and attorneys are too afraid to engage the jury so they “just let [the jury] figure it out.”

Jury Instructions That Instruct: 

Well-crafted instructions require preparation and strategy. Nevertheless, at minimum, jury instruction should identify the critical issues of the trial, and guide the jury in understanding the law that governs their decision. Without instructions that identify the critical issues of the trial and that guide the jury in understanding the law that governs their decisions, jury deliberations would be ineffective (e.g., free-for-all discussions).

Tips and tricks to enhance jury instruction:

1. Provide jury written instructions for each juror. Although the judge makes the ultimate decision to provide jurors with instructions or not, you should always request jurors be given a copy of the instructions. In fact, there are studies showing that reading is easier than listening.
2. Write jury instructions in plain language by avoiding legal jargon. You should construct instructions in the language you spoke before you entered law school, understandable to friends and family who do not practice law. 
3. Attend to the relationships among the instructions. It is important to relate your instructions to the facts of your case. Additionally, providing steps would be helpful (e.g., "if you find that all the elements are met, go to instruction 12"). 
4. Read your instructions aloud to someone who knows little to nothing about the case. If they understand the instructions, your jury should too. 

Crafting good instructions can help you win your next case!