Pattern Jury Instructions: The Application of Social Science Research

This article reviews some of the studies relating to jury decision making and the drafting of jury instructions. It then describes in greater detail some of the decisions made in the process of drafting instructions for Alaska and the federal system. The article concludes with observations regarding the role of the jury and the theoretical and practical problems of attempting to implement the research of social scientists in the real world. I. Introduction II. Social Sciences and Jury Instructions ... A. Kalven and Zeisel—The American Jury ... B. History of Jury Instructions ... C. Social Science Investigations III. Alaska Civil and Federal Criminal Jury Instructions IV. Implementing Social Science Into the Real World ... A. Balancing the Need for Specialized Language against the Goal of Juror Comprehension ... B. Practical Limitations on Simplifying Instructions ... C. Inherent Limitations on Instruction Reform V. Conclusion Appendices