Jury instructions

Jury instructions, also known as charges or directions, are a set of legal guidelines given by a judge to a jury in a court of law. They are an important procedural step in a trial by jury, and as such are a cornerstone of criminal process in many common law countries.

The purpose of instructions are to inform the jury about the legal principles and standards that they must apply in order to reach a verdict. This ensures that criminal trials are fair and lawful. They are typically delivered after closing arguments, but sometimes may be delivered mid-trial if necessary. Jury instructions are distinct from a directed verdict, when the judge orders the jury to deliver a particular verdict.

In some cases, the instructions given by a judge to the jury are incorrect, which may (depending on the issue) result in a mistrial.

Jury instructions often cover the following issues:

Jury instructions are typically drafted using standardized language and templates, which are formulated from various sources such as jury instruction manuals, legal treatises, and case law. However, judges often modify these standard instructions to fit the unique circumstances and legal issues present in each case. Attorneys from both sides may also request specific instructions or modifications and may object to proposed instructions, but the final decision on the content and wording of the instructions lies with the judge.

Jury instructions play a significant role in the appellate process; errors or omissions in the instructions can provide grounds for an appeal. Appellate courts may review instructions given to the jury to determine if they were made in a legally permissible manner. If the appellate court finds an error in the instructions process, it may, if sufficiently problematic, reverse a decision or order a new trial.

A significant issue with standard jury instructions is the language comprehension difficulties for the average juror. The purpose of jury instructions is to inform jurors of relevant laws and their application in the process of coming to a verdict. However, studies have shown that juries consistently run into problems understanding the instructions given to them. Poor comprehension is noted across juror demographics, as well as across legal contexts. Various linguistic features of legalese or legal English, such as complex sentence structures and technical jargon, have been pinpointed as major factors contributing to low comprehension.

Simplifying jury instructions through the use of plain English has been shown to markedly increase juror comprehension. In one study of California’s jury instructions in cases involving the death penalty, approximately 200 university students participated in a research experiment. Half of the participants heard the original standard instructions written in legal English, and half heard revised instructions in plain English. Instructions were read twice to each group, and the participants then answered questions for researchers to gauge their understanding. The results showed a notable disparity in comprehension between the two groups. The group that received revised instructions demonstrated stronger understanding of relevant points such as key concepts, and the ability to differentiate between legal terms.