Empowering jurors to ask questions about the expert evidence in criminal trials.

This article examines the jury question process in common law criminal trials, focusing on whether jurors can effectively use this process to clarify expert evidence. Drawing on surveys and interviews with jurors, judges, lawyers, and expert witnesses from 55 Australian criminal trials, the study finds that although most participants support jurors' ability to ask questions, many jurors remain unaware they can do so or feel intimidated by the courtroom environment, resulting in a significant number of unanswered questions. The research highlights that oral instructions at trial outset are often insufficient for jurors to retain this information, suggesting improvements such as providing written instructions, repeated reminders during trials, and accessible question forms to encourage juror engagement. Enhancing jurors' comfort and understanding in asking questions may reduce their reliance on external information sources and support fairer trial outcomes by ensuring jurors fully comprehend the evidence presented.