Guided jury discretion in capital murder cases: The role of declarative and procedural knowledge.

Abstract

Saint Louis UniversityThis article analyzes whether state-approved jury instructions adequately guide jurydiscretion in the penalty phase of first-degree murder trials. It examines EighthAmendment jurisprudence regarding guided jury discretion, emphasizing the use of“empirical factors” to examine the quality of state-approved instructions. Psycho-logical research and testimony on the topic of the comprehensibility of juryinstructions are reviewed. Data from a recently completed simulation with 80deliberating juries showed that current instructions do not adequately convey theconcepts and processes essential to guiding penalty phase judgments. An additionalsimulation with 20 deliberating juries demonstrated that deliberation alone does notcorrect for jurors’ errors in comprehension. The article concludes with recommen-dations for policy and future research.