Jurors' Use of Instructions on Negligence1

Abstract

At the end of a trial, the judge gives jurors a set of instructions that explain the laws that are applicable to the case and that direct jurors to reach a verdict in accordance with those laws. Little is known about how well jurors understand instructions in civil cases. We assess the extent to which jurors understand judicial instructions in negligence cases. We address 3 issues: (a) To what extent do they understand these instructions? (b) To what extent is their comprehension enhanced by access to a written copy of the instructions? and (c) What effect does deliberation have on jurors' comprehension levels? Overall comprehension was approximately 64% and access to written instructions did not enhance comprehension, but the opportunity to deliberate did.

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