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Law Reform by Courts, Legislatures, and Commissions Following Empirical Research on Jury Instructions

Published online by Cambridge University Press:  01 July 2024

J. Alexander Tanford
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Abstract

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Empirical research demonstrates that jurors have difficulty understanding and following traditional instructions about the law. 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.

Type
Research Article
Information
Law & Society Review , Volume 25 , Issue 1 , 1991 , pp. 155 - 175
Copyright
Copyright © 1991 by The Law and Society Association

Footnotes

The author gratefully acknowledges the support of the Indiana University School of Law, Bryant Garth, and the Center for the Study of Law and Society at Indiana University. The data were presented at the 1990 Law and Society Meetings, and valuable comments were received from Robin Stryker, Phoebe Ellsworth, James Alfini, and others. John Flood provided sound advice on quantitative methodology. I also received helpful comments from Shari Diamond and three anonymous reviewers.

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