The new paper looks at ways of helping jurors memories and helping them understand evidence and the complexities of the law in a criminal trial. It has concluded that note taking, been given clear instructions and having complex words and terms explained are the most effective way.
Only note taking is permitted to be used in Scotland therefore there is room for improvement. compared to many jurisdictions throughout the world Scotland is falling behind in assisting jury’s at Trial.
There is an argument that they could be steered in the wrong direction by giving too much assistance but many pre instructions and written structured assistance aids are use in many jurisdictions such as Australia, Ireland and the USA.