Law Commons^™

Through The Eyes Of Jurors: The Use Of Schemas In The Application Of "Plain-Language" Jury Instructions, Sara Gordon

Scholarly Works

"Through the Eyes of Jurors" is the first law journal article to consider all of the major cognitive psychology studies that examine how "schemas," or the preexisting notions jurors have about the law, shape jurors' use of jury instructions, even when those jurors are given "plain-language" instructions. This Article examines the social science research on schema theory in order to advance our understanding of how schemas continue to influence jurors' use of jury instructions, even when those jurors are given "plain language" instructions.

A significant body of legal literature has examined jurors' use and understanding of jury instructions, and many …

Jury Instructions As Constitutional Education, Andrew Ferguson

Articles in Law Reviews & Other Academic Journals

Juries are central to the constitutional structure of America. This article articulates a theory of the jury as a “constitutional teaching moment,” establishing a historical and theoretical basis for reclaiming the educative value of jury service. Its proposal is straightforward and easy to implement – use jury instructions to educate jurors about the Constitution.This article addresses the fundamental question of why, despite an unquestioned acceptance of a constitutional role of the jury, our criminal justice system does not explain this role to jurors on jury duty. The article seeks to answer the question of how we can educate jurors about …