Improving comprehension of capital sentencing instructions - Debunking juror misconceptions

    Authors

    C. W. Otto; B. K. Applegate;R. K. Davis

    Comments

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    Abbreviated Journal Title

    Crime Delinq.

    Keywords

    PROCEDURAL KNOWLEDGE; EMPIRICAL-RESEARCH; DEADLY CONFUSION; PENALTY; PHASE; DEATH; LAW; PROTOTYPES; DISCRETION; DECISIONS; JURIES; Criminology & Penology

    Abstract

    Previous research has demonstrated that judicial instructions on the law are not well understood by jurors tasked with applying the law to the facts of a case. The past research has also shown that jurors are often confused by the instructions used in the sentencing phase of a capital trial. The current research tested the effectiveness of a "debunking" approach to improving juror misunderstanding associated with capital sentencing instructions. Participants were randomly assigned to hear either Florida's pattern instructions used in the penalty phase of a capital trial or the same instructions with additional statements that mentioned and refuted misconceptions thought to be associated with established areas of miscomprehension. After participants heard the judicial instructions, their understanding of the law on capital punishment decision making was assessed. The results revealed that comprehension was higher for participants exposed to the bias-refutation statements than for participants who were exposed to only the pattern instructions.

    Journal Title

    Crime & Delinquency

    Volume

    53

    Issue/Number

    3

    Publication Date

    1-1-2007

    Document Type

    Article

    Language

    English

    First Page

    502

    Last Page

    517

    WOS Identifier

    WOS:000247316000006

    ISSN

    0011-1287

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