Using a flow-chart to improve comprehension of jury instructions

Abstract

The effectiveness of providing a flow-chart to supplement traditional methods of delivering jury instructions was investigated using an experimental design. Two hundred and thirty-four mock-jurors listened to a case summary and judge's instructions (in one of eight formats) regarding the law of self-defence. They were then required to (a) write a description of the main elements of self-defence, (b) render a judgment as to the applicability of self-defence to the case heard, and (c) apply their knowledge to four novel scenarios. Mock-jurors performed relatively poorly when describing self-defence elements and in applying them to the case heard and the novel scenarios. Having a flow-chart for reference while deliberating about the case facilitated descriptions of the criteria for self-defence, particularly for the elements of self-defence law that were most poorly described. Suggestions for structuring presentation of information to further improve juror comprehension were provided.