Jurors' Use of Judges' Instructions

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Abstract
Findings from studies of jurors' use of judges' instructions have been equivocal. This article examines conceptual and methodological features of these studies that may have contributed to their inconsistent results. Past research has focused exclusively on jurors' cognitive “rule-following” and consequently may have neglected to consider social dimensions of “rule-use.” Many studies have failed to include a group deliberation; these studies generally report that jurors are not responsive to judges' instructions. This article suggests that group deliberation may provide the occasion for jurors' use of judges' instructions as instrumental resources for accounting and persuasive purposes in the production of a group verdict. Conversational data from transcribed mock deliberations is presented to support this contention and the research implications for this model of instrumental rule-use are discussed.