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American Bar
Association, Special committee on Jury Comprehension. Jury
Comprehension in Complex Cases, 43-52 (1989) (discussing specific
problems encountered by jurors in deciphering jury instructions).
Veda Charrow.
"Some Guidelines for Clear, Legal Writing." 8 U.
Bridgeport Law Review 405 (1987) (practitioners' guide to drafting
plain English jury instructions).
Amiram Elwork,
Bruce D. Sales and James J. Alfini. Making Jury Instructions
Understandable (1982) (comprehensive practitioners' guide for
evaluating jury instructions for comprehensibility and for redrafting
instructions).
Edward J.
Imwinkelried and Lloyd R. Schwed. "Guidelines for Drafting
Understandable Jury Instructions: An Introduction to the Use of Psycholinguistics."
23 Criminal Law Bulletin 135 (1987) (providing a review of the
literature and a practitioners' guide to problem terminology in jury
instructions in criminal cases).
Harvey S. Perlman.
"Pattern Jury Instructions: The Application of Social Science
Research." 65 Nebraska Law Review 520 (1986)
(reviewing empirical studies related to jury decision making and their
applicability in the redrafting of judicial pattern jury instructions).
Michael J.
Saks. "Judicial Nullification." 68 Indiana Law
Journal 1281 (1993) (arguing that by failing to provide people
comprehensible jury instructions, judges effectively nullify the law).
William W
Schwarzer. "Communicating with Juries: Problems and
Remedies." 69 California Law Review 731, 743-755
(1981) (critiquing the language and construction of jury instructions).
Walter W. Steele,
Jr. and Elizabeth G. Thornburg. "Jury Instructions: A
Persistent Failure to Communicate." 67 North Carolina Law
Review 77 (1988) (concluding that improvements in the
comprehensibility of jury instructions are unlikely without
institutional changes in the incentives for judges and lawyers to draft
plain English instructions).
J. Alexander
Tanford. "The Law and Psychology of Jury
Instructions." 69 Nebraska Law Review 71 (1990)
(challenging the assumptions that juries would follow jury instructions
even if they understood them).
Robert P. Charrow
and Ved R. Charrow. "Making Legal Language Understandable: A
Psycholinguistic Study of Jury Instructions." 79 Columbia
Law Review 1306 (1979) (identifying, and testing for reliability and
validity, those linguistic features that interfere with jury
comprehension).
Shari S. Diamond
and Judith N. Levi. "Improving Decisions on Death by Revising
and Testing Jury Instructions." 79 Judicature 224
(1996) (reporting increases in juror comprehension of jury instructions
on the death penalty after redrafting in accordance with established
linguistic principles).
Amiram Elwork,
Bruce D. Sales and James J. Alfini. "Jurdic Decisions: In
Ignorance of the Law or In Light of It?" 1 Law & Human
Behavior 163 (1977) (study finding significant improvements in juror
comprehension of pattern instructions after rewriting them to define or
eliminate unfamiliar terminology, correct grammar, and improve
organization).
Robin Reed.
"Jury Simulation: The Impact of Judge's Instructions and Attorney
Tactics on Decisionmaking." 71 Journal of Criminal Law
& Criminology 68 (1980) (study examining the effects of
providing or withholding jury instructions on jury decision making).
Laurence J.
Severance, Edith Greene and Elizabeth F. Loftus. "Toward
Criminal Jury Instructions that Jurors Can Understand." 75 Journal
of Criminal Law & Criminology 198 (1984) (study evaluating
improvements in the comprehensibility of jury instructions defining
"reasonable doubt," "criminal intent," and
"limited use of prior convictions").
Laurence J.
Severance and Elizabeth F. Loftus. "Improving the Ability of
Jurors to Comprehend and Apply Criminal Jury Instructions."
17 Law and Soc. Review 153 (1982) (three studies demonstrating
methods for improving the comprehensibility of jury instructions). |