| U.S. v Massey, 89 F.3d
1433, 1442-43 (1996) (finding that the trial court did not err in
providing only a tape recording of the jury instructions in lieu of
written instructions).
Iowa Rules of Civil Procedure Rule 196
(1996) (requiring jury instructions to be provided to jurors in writing
except in small claims cases [amounts in controversy less than $2,000]
or with the consent of all parties)
Iowa Rules of Criminal Procedure Rule
18(5)(f) (1996) (extending the Iowa Rules of Civil Procedure concerning
juries to criminal trials).
Tennessee Rules of Criminal Procedure
30(c) (1996) (requiring written jury instructions in all criminal
trials).
American Bar Association. Charting
a Future for the Civil Jury System: Report from an American Bar
Association/Brooking Symposium. 24 (1992) (recommending that
all jurors be provided copies of the final instructions).
American Bar Association, Special
Committee on Jury Comprehension. Jury Comprehension in Complex
Cases 51-52 (1989) (unanimous reports by jurors that written copies
of instructions were helpful to deliberations).
B. Michael Dann. "'Learning
Lessons' and 'Speaking Rights': Creating Educated and Democratic
Juries." 68 Ind. Law Journal. 1229 (1993).
Christopher N. May. "'What Do
We Do Now?': Helping Juries Apply the Instructions." 28 Loyola
L.A. Law Review 869 (1995) (a first-hand description of jury
deliberations and suggestions for improved guidance by the court).
Larry Heuer and Steven D. Penrod.
"Instructing Jurors: A Field Experiment with Written and
Preliminary Instructions." 13 Law & Human Behavior
409 (1989) (study found that providing written instructions tended to
reduce juror disagreements about instructions and found no support for
contention that written instructions lengthen deliberations or place
excessive demands on court resources).
New York State Bar Association, Committee
on Federal Courts. "Improving Jury Comprehension in Complex
Civil Litigation." 62 St. John's Law Review 549,
564-65 (1988) (reporting survey responses of lawyers and judges
concerning written and recorded instructions for the jury).
Leonard B. Sand and Steven A.
Reiss. "A Report on Seven Experiments Conducted by District
Court Judges in the Second Circuit." 60 New York
University Law Review 423, 453-456 (1985) (study found mixed
reactions by judges and lawyers to providing written instructions to
jurors, but generally found increased favor for this practice for
complex or lengthy instructions). |
