Jury Comprehension of Expert Evidence

AbstractThe effectiveness of expert testimony in litigation is limited by a factor independent of the strength of opinion testimony—the level of comprehension of the jurors. If the presentation of the expert testimony is not appropriate to the jurors' ability to understand the testimony and to apply the testimony to the issues in the case, the expert evidence is, at best, useless. Even more concerning is the fact that the inability to comprehend the expert testimony may lead the jurors to misapply the expert testimony, thereby negatively impacting the party's position at trial and thwarting the interests of justice. Research into factors affecting juror comprehension has reinforced some common assumptions about jurors' approaches to expert testimony while disproving other assumptions concerning limitations in complex litigation cases. Using the information from juror studies, several strategies and mechanisms for improving juror comprehension and use of expert testimony have been implemented in courts in the United States and the United Kingdom, but more research is necessary to ensure that jurors are able to effectively process and apply expert testimony in all cases.