Abstract

Comprehension difficulties faced by lay jurors in the courtroom are well documented. As early as 1979, research demonstrated that long, complex sentences and certain grammatical structures as well as specialized terms often used in U.S. jury instructions create severe difficulties for jurors. There is a clear consensus among linguists and other social scientists today that jury instructions used in most Adversarial or Common Law jurisdictions need revision. This article briefly traces the history of jury instructions (particularly in the United States), describes and illustrates problems, then describes needed revisions and discusses reform efforts in progress.

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