By Nancy Marder
Improvements in our justice system often come about from many small steps that collectively make a big difference. A great example occurred just this past year when Illinois, after several years of effort, made a rule change that requires that jurors in civil cases receive their own written copy of the jury instructions rather than having to a share a single copy. It may not seem important at first glance, but think for a moment about how much lawyers and judges care about getting the jury instructions right because they know how important they are for explaining the law. Yet, despite all the effort that goes into writing the instructions, jurors have had to absorb the instructions by listening to the judge read them aloud. How many courses would our students pass if they had to absorb an entire semester’s worth of material without being able to study from books or notes but had to depend on their memories or on a single copy of the materials that the class had to share?
So, this seemingly small rule change is likely to have a big effect on jurors and justice. Foremost, a written copy of the instructions will make it easier for jurors to understand the instructions, which can sometimes be lengthy and complicated. Now jurors can read the instructions as they listen to the judge read them in court. They can also go back and re-read them as many times as necessary during deliberations so that they understand them. Educators have observed that some people learn best by listening and other people learn best by reading. Now, the instructions are given in two different ways to address these two different styles of learning. In addition, now that each individual juror has a written copy of the instructions no one juror can take control of the single copy of the instructions and “interpret” them for the others. Everyone can consult his or her own copy and see what the law requires. The jury is supposed to be a body in which every juror has a voice and a vote; now the jury is one step closer to realizing this goal. Other states that have adopted the practice of giving each juror a copy of the written instructions have found that it reduces the number of questions that juries have about the law during their deliberations. Thus, the practice is likely to leave jurors less frustrated now that they can refer to the instructions and do not have to stop their deliberations to ask the judge a question. This is a first step in helping jurors who hear a civil case to have a better grasp of the instructions.
Illinois has taken an important step in civil cases. Undoubtedly, it will take additional years of effort to accomplish the next step, which is to extend this practice to criminal jury trials in Illinois courts. Jurors in criminal cases should have the benefit of individual copies of written jury instructions just as jurors in civil cases do. Jurors in criminal trials have no less need than jurors in civil trials to have whatever tools will help them to perform their role as well as possible. After all, jurors in criminal cases are asked to perform the most serious task imaginable—they are asked to convict or acquit a defendant.
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