The right to trial by jury granted by the Constitution is one of the cornerstones of American democracy. Jury trials allow the public to participate in the judicial process, which prevents the process from being unfairly used by the government. Without properly understanding the relevant law, jurors are unable to carry out their duties effectively, which can result in unjust outcomes such as innocent defendants being convicted. Judges give jurors instructions to help them understand how to apply the law to the case at hand. The chapter begins by evaluating jurors’ general comprehension of jury instructions, and then presents additional sections on special types of criminal jury instructions, including death penalty instructions, instructions on how to evaluate eyewitness testimony, curative/limiting instructions, joinder instructions, Allen (dynamite) charges, and jury nullification instructions. Each section provides an overview of the law regarding each particular topic, presents the psychological research available on the topic, and provides recommendations on how to apply research findings to improve the effectiveness of the instructions.

“It will be your duty…:” The Psychology of Criminal Jury Instructions

An important topic related to the insanity defense is what jurors should be told about the disposition of a defendant found not guilty by reason of insanity (NGRI). In the federal court system, jurors are not instructed about the consequences of an NGRI verdict. State courts, however, are divided on the question. The federal precedent, Shannon v. United States , and the most recent state case to rule on NGRI juror instructions, State v. Becker , are reviewed in detail. What follows is the author's critique of the principal arguments for and against a jury instruction on NGRI disposition. The author argues in favor of a jury instruction on the consequences of an NGRI verdict.

http://jaapl.org/content/jaapl/40/4/537.full.pdf

In the aftermath of State v. Becker: a review of state and federal jury instructions on insanity acquittal disposition.

/pdf/should-courts-instruct-juries-as-to-the-consequences-to-a-2qz5zoc6ym.pdf

Randi Ellias

Papers

Should courts instruct juries as to the consequences to a defendant of a not guilty by reason of insanity verdict