A matter of life and death: The failure of juror instructions in capital cases

Abstract

Findings based on interviews with capital jurors indicate that considerable confusion exists over sentencing instructions. Jurors had difficulty understanding the content of the instructions, sometimes disregarding them altogether. Jurors placed a premium on remorseful demeanor from the defendant, and this weighed heavily in their sentencing deliberations. Many jurors who chose the death option misunderstood the true meaning of a life sentence. Finally, grave concerns were expressed about the competency of other jurors. In light of these findings, we call for the adoption of a priori training and better juror instructions based upon Gottfredson and Gottfredson's (1980) model for rational decision-making

    Similar works