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April 18, 2006

Ph.D. from MIT can't understand jury instructions

From the (new) legal writer:

Most of us know that most jury instructions are poorly written and difficult for non-lawyers to understand. But I had no idea how bad it was until I read this story by Arnold Kling, who recently served on a jury and wrote about his experience. Mr. Kling is about the most intelligent juror you can hope to find: he has a Ph.D. in economics from MIT, and he works as an adjunct scholar1 with the Cato Institute. During deliberations, he asked for and received a written copy of the jury instructions. What do you suppose this MIT-educated scholar thought of the jury instructions after reading them?

We began our deliberations by going over the instructions, but any hopes that they would provide definitive guidance were unfounded.

...

In my view, the instructions ... were almost impossible to sort out.

Wow! So what did the jurors do? Mr. Kling suggests that they "tried to follow the law," but ended up following their gut.

Why are plain-English jury instructions important? This is why.

__________
1 I have no idea what an "adjunct scholar" is, but it sounds brainy.

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