Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 23 September 2019

Abstract and Keywords

In the American legal system, a defendant in a serious criminal case and parties in certain types of civil cases are entitled to a trial by jury. In both criminal and civil jury trials, jurors are drawn from a ‘fair-cross-section’ of the community. Although they are usually untrained in the law, jurors provide the ‘common-sense judgment’ of the community. At the end of a jury trial, whether in a civil or criminal case, the judge instructs the jury on the relevant law. The jury is supposed to use the jury instructions in the course of its deliberations, although much of the empirical and anecdotal evidence suggests that juries have difficulty understanding these instructions. This article examines why jury instructions are so difficult to grasp, and what steps judges and committees can take to make them more accessible to jurors. After discussing the language of the instructions, it looks at how the instructions are presented.

Keywords: jury, jury trials, judges, jurors, jury instructions, language, law

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.