•  
  •  
 

Abstract

This Article examines and questions the jurisprudence that turns a blind eye to evidence that the jury instruction presumption, the assumption that juries understand their instructions, is ill-founded. While the presumption applies in any jury trial, the Article emphasizes the particular injustice associated with is application in criminal cases. Evidentiary presumption bases upon anything less violates an accused’s right to due process of law. Therefore, it is particularly troubling that in criminal cases, the presumption regarding the efficacy of crucial jury instructions remain baseless.

Included in

Law Commons

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.