Indiana Finally Moving Toward ""Plain English"" Jury Instructions

INDIANA JUDGES ASSOCIATION ANNOUNCES PLAIN ENGLISH CIVIL JURY INSTRUCTIONS AVAILABLE ON LEXISNEXIS

The Indiana Model Civil Jury Instructions, written in plain English, are now available through LexisNexis. The new instructions were prepared by the Civil Instructions Committee of the Indiana Judges Association (IJA). The IJA is a voluntary association of judges and magistrates created to put forth a coordinated effort toward better and simpler administration of justice and clearer, more uniform procedures in all courts. IJA President, Floyd Circuit Court Judge J. Terrence Cody explained, “The Judges Association is proud to complete this project for Indiana judges and attorneys. It benefits citizens who serve on juries and ultimately our judicial system as a whole because the new instructions are easier to understand.”

With encouragement from Chief Justice Randall T. Shepard and support from LexisNexis, the Civil Instructions Committee hired Elizabeth Francis, PhD who is a Professor of English and Judicial Studies at the University of Nevada at Reno. Dr. Francis is an expert in teaching plain English principles. Plain English involves using the simplest, most straightforward way to express an idea to increase comprehension, compliance, and satisfaction with the jury process. The Committee acknowledges that the new instructions are part of an ongoing process toward increased clarity, while still maintaining the legal meanings of the words used in the instructions.

An example of how the new instructions are clearer can be seen in the instruction on direct and circumstantial evidence. The old instruction used complex terms like “inference,” and “deduction,” and stated, “Circumstantial evidence means evidence that proves a fact from which an inference of the existence of another fact may be drawn. An inference is a deduction of fact that may logically and reasonably be drawn from another fact or group of facts.”

The new instruction uses plainer terms, stating in part, “Circumstantial evidence is indirect proof of a fact.” The new instruction then gives an illustration: “For example, direct evidence that an animal ran in the snow might be the testimony of someone who actually saw the animal run in the snow. On the other hand, circumstantial evidence that an animal ran in the snow might be the testimony of someone who only saw the animal’s tracks in the snow.”

To ease the transition between the old and new editions of the instructions, the Committee also created a disposition table to inform users of the new location of material from the old edition (and a derivation table to detail the origin of the material in each new instruction). Those tables can be found under ""Publication Information"" in the new online edition.

In January, Chief Justice Randall T. Shepard mentioned the instructions in the State of the Judiciary address. Attendees erupted into applause when he explained the project was underway to create easy to understand instructions. ""Trial by a jury of our peers is one of the most precious rights we possess as Americans,” said Chief Justice Shepard. “Giving the citizens who serve on juries the clearest possible instructions about the law that applies to individual cases is crucial to helping them do justice.” The new plain English civil jury instructions, which are now available online at Lexis.com, are the next step in Indiana’s cutting-edge efforts to assist Hoosier jurors in understanding the issues, evidence, and trial process.
John Pera, Judge of the Lake County Superior Court and Chair of the Civil Instructions Committee stated, “Our work would not have been possible without the leadership of the Justices of the Indiana Supreme Court, and in particular Chief Justice Shepard. Projects like this don’t happen without a vision that we can always do things better and leadership from the top to nurture that vision into reality. It was the Court that started us down the path of jury reform thirteen years ago. We hope that lawyers, judges, and jurors will find these instructions to be a much clearer, understandable statement of the law of Indiana and what jurors are supposed to do with it.”

Jury instructions tell the jury about relevant laws that should guide its deliberations. In giving the instructions, the judge states the issues in the case and defines terms that may be unfamiliar to jurors. A judge’s use of the plain English instructions is discretionary. Judges may elect to use the model instructions because they provide a guide prepared by a committee of judges who have carefully considered the subject matter of each instruction. A lawyer may request the judge give certain instructions. For example, lawyers sometimes create their own proposed instructions if no models fit the case. The judge makes the final decision on which instructions are given.

The Indiana Judges Association publishes the instructions only through LexisNexis, making them available to those with a Lexis.com subscription. In late August or early September the instructions will also be available in book format to Lexis subscribers and at law libraries that carry the book, such as the Indiana Supreme Court library. The Indiana Judicial Center will present two educational sessions for judges and judicial officers in Indianapolis in September, and the Indiana Judges Association will present seven continuing legal education sessions for attorneys around Indiana in October.
INDIANA JUDGES ASSOCIATION ANNOUNCES PLAIN ENGLISH CIVIL JURY INSTRUCTIONS AVAILABLE ON LEXISNEXIS

The Indiana Model Civil Jury Instructions, written in plain English, are now available through LexisNexis. The new instructions were prepared by the Civil Instructions Committee of the Indiana Judges Association (IJA). The IJA is a voluntary association of judges and magistrates created to put forth a coordinated effort toward better and simpler administration of justice and clearer, more uniform procedures in all courts. IJA President, Floyd Circuit Court Judge J. Terrence Cody explained, “The Judges Association is proud to complete this project for Indiana judges and attorneys. It benefits citizens who serve on juries and ultimately our judicial system as a whole because the new instructions are easier to understand.”

With encouragement from Chief Justice Randall T. Shepard and support from LexisNexis, the Civil Instructions Committee hired Elizabeth Francis, PhD who is a Professor of English and Judicial Studies at the University of Nevada at Reno. Dr. Francis is an expert in teaching plain English principles. Plain English involves using the simplest, most straightforward way to express an idea to increase comprehension, compliance, and satisfaction with the jury process. The Committee acknowledges that the new instructions are part of an ongoing process toward increased clarity, while still maintaining the legal meanings of the words used in the instructions.

An example of how the new instructions are clearer can be seen in the instruction on direct and circumstantial evidence. The old instruction used complex terms like “inference,” and “deduction,” and stated, “Circumstantial evidence means evidence that proves a fact from which an inference of the existence of another fact may be drawn. An inference is a deduction of fact that may logically and reasonably be drawn from another fact or group of facts.”

The new instruction uses plainer terms, stating in part, “Circumstantial evidence is indirect proof of a fact.” The new instruction then gives an illustration: “For example, direct evidence that an animal ran in the snow might be the testimony of someone who actually saw the animal run in the snow. On the other hand, circumstantial evidence that an animal ran in the snow might be the testimony of someone who only saw the animal’s tracks in the snow.”

To ease the transition between the old and new editions of the instructions, the Committee also created a disposition table to inform users of the new location of material from the old edition (and a derivation table to detail the origin of the material in each new instruction). Those tables can be found under ""Publication Information"" in the new online edition.

In January, Chief Justice Randall T. Shepard mentioned the instructions in the State of the Judiciary address. Attendees erupted into applause when he explained the project was underway to create easy to understand instructions. ""Trial by a jury of our peers is one of the most precious rights we possess as Americans,” said Chief Justice Shepard. “Giving the citizens who serve on juries the clearest possible instructions about the law that applies to individual cases is crucial to helping them do justice.” The new plain English civil jury instructions, which are now available online at Lexis.com, are the next step in Indiana’s cutting-edge efforts to assist Hoosier jurors in understanding the issues, evidence, and trial process.
John Pera, Judge of the Lake County Superior Court and Chair of the Civil Instructions Committee stated, “Our work would not have been possible without the leadership of the Justices of the Indiana Supreme Court, and in particular Chief Justice Shepard. Projects like this don’t happen without a vision that we can always do things better and leadership from the top to nurture that vision into reality. It was the Court that started us down the path of jury reform thirteen years ago. We hope that lawyers, judges, and jurors will find these instructions to be a much clearer, understandable statement of the law of Indiana and what jurors are supposed to do with it.”

Jury instructions tell the jury about relevant laws that should guide its deliberations. In giving the instructions, the judge states the issues in the case and defines terms that may be unfamiliar to jurors. A judge’s use of the plain English instructions is discretionary. Judges may elect to use the model instructions because they provide a guide prepared by a committee of judges who have carefully considered the subject matter of each instruction. A lawyer may request the judge give certain instructions. For example, lawyers sometimes create their own proposed instructions if no models fit the case. The judge makes the final decision on which instructions are given.

The Indiana Judges Association publishes the instructions only through LexisNexis, making them available to those with a Lexis.com subscription. In late August or early September the instructions will also be available in book format to Lexis subscribers and at law libraries that carry the book, such as the Indiana Supreme Court library. The Indiana Judicial Center will present two educational sessions for judges and judicial officers in Indianapolis in September, and the Indiana Judges Association will present seven continuing legal education sessions for attorneys around Indiana in October.