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Evaluating the comprehensibility of jury instructions: a method and an example
1Simon Fraser University, Burnaby, British Columbia, Canada.
Law and Human Behavior
|August 15, 2001
Summary
Jury instruction comprehension can be tested using an application method. This study validated a simple technique for assessing legal instruction clarity with Canadian participants.
Area of Science:
- Legal Psychology
- Cognitive Psychology
- Research Methodology
Background:
- Jury simulation research faces methodological challenges including sampling, stimulus materials, and role-playing issues.
- Despite these challenges, jury instruction comprehension remains a critical area for study.
- Existing methods for assessing comprehension may be complex or costly.
Purpose of the Study:
- To validate a simple, inexpensive technique for testing the comprehensibility of jury instructions.
- To address methodological concerns in jury simulation research.
- To assess the clarity of Canadian legal instructions on criminal conspiracy and the coconspirator exception to the hearsay rule.
Main Methods:
- Conducted 5 experiments using typical Canadian legal instructions.
- Developed and validated an "application test" requiring participants to apply instructions to factual scenarios.
- Utilized undergraduate students as participants, individual assessments without group deliberation, and written stimulus materials.
Main Results:
- The application test proved to be a useful method for assessing jury instruction comprehensibility.
- The study demonstrated the utility of this simple and inexpensive technique.
- Results suggest undergraduate students and written materials are suitable for this type of research.
Conclusions:
- The application test is a viable and cost-effective tool for evaluating jury instruction clarity.
- Methodological concerns in jury simulation can be managed for specific research questions.
- This technique offers a practical approach to improving legal communication in the courtroom.
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