RESPONSES
Written
or recorded instructions are hard copy versions of the jury instructions
given by the judge during a trial, either typed out on paper to be given
to jurors, or recorded on audio tape by the judge to be given to jurors.
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What
is the purpose of having written or recorded instructions for jurors?
The purpose of having written or recorded instructions for jurors
is to allow them to reference back to the instructions during their
deliberations. This allows for immediate clarification of points
that are unclear, and gives the jury the ability to settle some disputes
without having to be readdressed by the judge in open court.
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What
are some possible procedures for using written or recorded instructions?
The judge notifies the trial attorneys in
advance of trial that jurors will be given written copies of
instructions. For drafting purposes, the attorneys supply the
judge with two sets of recommended jury instructions, one with relevant
citations for consideration by the judge and one without citations for
submission to the jury. If the judge or attorneys make any last
minute changes, the instructions should be reprinted and recopied to
prevent confusion or bias (e.g., with strike-outs, underlining, or
typographical errors). The judge should caution the jury that the
instructions should be considered as a whole.
If a tape recording of the judge's
instructions will be given to the jurors, the judge should be careful to
speak clearly and slowly. Audio recording are especially helpful
for jurors who have difficulty with written text. The tape
recorded provided for the jurors should have the record button broken
off or otherwise disabled to prevent the jurors from accidentally
erasing or recording over the instructions.
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What
are the advantages of written or recorded instructions for jurors?
Some advantages of
written or recorded instructions for jurors include:
- Written
instructions increase juror comprehension about the charge and
reduce the number of questions by the jury about instructions during
deliberations;
- Written
instructions prevent jurors from failing to consider critical
elements of the legal claims or offenses;
- Written
instructions provide guidance for structuring the deliberative
process;
- Written
instructions increase juror confidence in their verdict;
- Written
instructions reduce deliberation time;
- Written
instructions reduce the likelihood of disputes among jurors
regarding the content and application of instructions;
- Audio
recordings of instructions help jurors who have difficulty with
written text; and
- Audio
recordings of instructions are less logistically cumbersome for
courts that lack high-speed printers and copiers.
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What
are the disadvantages of written or recorded instructions for jurors?
Some disadvantages of written or recorded
instructions for jurors include:
- Written instructions may place jurors
with less formal education or limited ability to read English at a
disadvantage during deliberations;
- Written instructions require
additional time and effort by the court and counsel; and
- Multiple copies of instructions
increase the cost of conducting jury trials.
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