This article analyzes whether state-approved jury instructions adequately guide jury discretion in the penalty phase of first-degree murder trials. It examines Eighth Amendment jurisprudence regarding guided jury discretion, emphasizing the use of “empirical factors” to examine the quality of state-approved instructions. Psychological research and testimony on the topic of the comprehensibility of jury instructions are reviewed. Data from a recently completed simulation with 80 deliberating juries showed that current instructions do not adequately convey the concepts and processes essential to guiding penalty phase judgments. An additional simulation with 20 deliberating juries demonstrated that deliberation alone does not correct for jurors' errors in comprehension. The article concludes with recommendations for policy and future research.

The hepatitis C virus (HCV) is the most common blood-borne infection and affects approximately 2% of the U.S. population, with higher rates occurring in some segments of the population. Chronic pain affects approximately 35% of the general population, with 15% of individuals experiencing daily pain. In contrast, the prevalence of chronic pain among HCV patients may exceed 65%.The reasons for the high rates of chronic pain among HCV patients are not clear. More than two-thirds of HCV patients have a history of substance use disorder (SUD), and history of SUD is associated with the development of pain. HCV patients also have high rates of co-morbid psychiatric disorders, which are also associated with chronic pain.The purpose of this presentation will be to outline the issue of chronic pain and substance use among HCV patients and to describe factors that may lead to the high rate of chronic pain in this patient population. The results of ongoing studies that examined the role of biopsychosocial factors in the development and exacerbation of chronic pain in HCV patients will also be described.

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