Juror competence in civil trials: effects of preinstruction and evidence technicality

Article Abstract:

Forty-eight jury-eligible adults heard 1 of 4 versions of a tort trial. The design combined high and moderate levels of evidence technicality and the placement of substantive judicial instructions either before or after evidence presentation. Jurors given instructions before hearing the evidence for liability and before the evidence for compensation made clear distinctions among 4 differentially worthy plaintiffs, whereas jurors instructed after evidence presentation were not able to distinguish among the plaintiffs. Preinstructions enabled the jurors to devise a causal model, as measured by both verbal representation of the evidence and recognition tests, that contained more probative evidence and less nonprobative and evaluative information than the models constructed by jurors who were postinstructed. Preinstructed jurors were better able than postinstructed jurors to correctly reject recognition items not part of the trial text and to correctly identify items from the trial. (Reprinted by permission of the publisher.)

Psychological aspects, Analysis, Evaluation, Trial practice, Evidence (Law), Civil procedure, Jury, Juries

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Comprehensibility of approved jury instructions in capital murder cases

Article Abstract:

This research explored the comprehensibility of jury instructions in the penalty phase of murder trials. Data were collected to ascertain whether miscomprehension of jury instructions limits the law's ability to direct juror discretion in a manner consistent with the Eighth Amendment's proscription against cruel and unusual punishment. Citizens willing to impose the death penalty were presented in 2 experiments with 4 sets of instructions (i.e., baseline instructions, instructions used at trial, instructions revised according to Eighth Amendment holdings, and model instructions written in nontechnical language.) Results demonstrated high confusion with the trial instructions, little improvement with revised instructions, significant but case-specific improvements with model instructions, and a strong relationship between miscomprehension and willingness to impose death. (Reprinted by permission of the publisher.)

Psychology, Forensic, Forensic psychology, Murder trials

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Nominal and interactive groups: effects of preinstruction and deliberations on decisions and evidence recall in complex trials

Article Abstract:

Two studies assessed the effects of preinstruction on decision making in simulated civil trials. In Study I, substantive instructions were presented before the evidence, after the evidence, before and after the evidence, or not at all to nominal jurors who did not deliberate and to interactive jurors who did deliberate. Preinstructed nominal jurors differentiated among the plaintiffs in awarding damages, whereas postinstructed nominal and interactive jurors did not. Group discussion and preinstruction augmented damage awards and improved recall of evidence only for preinstructed jurors. Study 2 suggested that substantive preinstruction engaged a proplaintiff bias when trial evidence was technically difficult but enhanced systematic processing when the evidence was presented in less complex language. (Reprinted by permission of the publisher.)

Mock trials

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