Question

Members of a jury sit and listen to hours (even days) of courtroom testimony. Then, they move into the jury room, where, on the basis of their recollection of the testimony, they must evaluate the facts of the case and reach a verdict. But what if the jurors don’t remember the testimony they’ve heard? Sometimes members of the jury are allowed to take notes during the trial, but in many jurisdictions, they aren’t. Sometimes they are allowed to ask questions of the witness (they submit questions that are screened). Sometimes the judge gives the jury instructions, before the trial begins, about the legal issues in play (although this generally happens at the end). Keep in mind that jurors may come to the trial with strong schemas about crime and that part of the role of the lawyers is to present the best story. Given what we know about memory, what do you think we should, or should not do? Which of these variations in the procedure are likely to improve jurors’ ability to remember the trial evidence? Based on what we know about memory, are there other steps we can (or should) take?

Answer 1

To improve jurors' ability to remember trial evidence, they should be allowed to take notes, ask questions, and receive jury instructions. Additional steps include challenging pre-existing schemas and biases, using neutral and less leading language in interviews, blind photo lineups, and informing jurors about the possibility of misidentification.

Step-by-step explanation:

Based on what we know about memory, several steps can be taken to improve jurors' ability to remember trial evidence. One important step is to allow jurors to take notes during the trial. Taking notes helps jurors to focus their attention, organize information, and later recall important details. Research has shown that note-taking can significantly improve memory retention.

Another step that can enhance jurors' memory is allowing them to ask questions of the witnesses. This not only helps to clarify any uncertainties but also encourages active engagement with the testimony, which aids in memory encoding.

Judges can also provide jury instructions about the legal issues at play before the trial begins. By giving jurors an overview of the relevant legal concepts, judges can help jurors better understand the evidence presented and make more informed decisions.

Furthermore, it is crucial to consider the effect of jurors' pre-existing schemas and potential biases. Lawyers can present evidence that challenges these schemas and biases to promote fair consideration of the facts.

Additional steps that can be taken to improve jurors' ability to remember trial evidence include the use of neutral and less leading language in witness interviews, blind photo lineups to reduce misidentification, and judges informing jurors about the possibility of misidentification.

Overall, by implementing these variations in the trial procedure and considering the influence of memory, we can enhance jurors' ability to remember trial evidence and reach more accurate verdicts.