US Trials Off Track Over Juror Internet Misconduct

aesoteric writes "The explosion of blogging, tweeting and other online diversions has reached into US jury boxes, in many cases raising serious questions about juror impartiality and the ability of judges to control their courtrooms. A study by Reuters Legal found that since 1999, at least 90 verdicts have been the subject of challenges because of alleged Internet-related juror misconduct — and that more than half of the cases occurred in the last two years. Courts were fighting back, with some judges now confiscating all phones and computers from jurors when they enter the courtroom."

Re:Heya politicians, judges and media moguls...

[MozeeToby]

In a similar vein, it's not like things have really changed. I bet just as many people talked about the case with friends and family, heard things they weren't supposed to, and had just as many pre-trial prejudices before the connected age as they do now. It's just that the new methods of communication leave a trail that public, near permanent, and easily searchable.

So, in my opinion, the courts can either just throw out the random cases where the jurors are too stupid to hide their misconduct, or they can use this as a learning experience to find new ways to reduce that misconduct. I'm hoping that it's both, leaning towards the latter, but the US judicial system isn't always the most agile.

Re:constitutional issues?

[h4rr4r]

And it still manages to miss the rich folks that don't want to serve. Go check what our previous president was doing during vietnam, the one before him skipped out on that too I think.

Re:constitutional issues?

[demonlapin]

I, and a lot of people I know, would experience (and cause) extraordinary inconvenience if required to serve on a jury. My father-in-law is a salesman without salary; if he's empaneled, his family will do without. My brother-in-law is a lawyer; if he's impaneled, his clients will not be represented. My wife is a doctor; if she's empaneled, all her patients will have their appointments canceled with minimal to no notice.

I don't like paying taxes, but at least I can predict them. I could tolerate a fixed period of essentially unpaid service to the state if I could know start and end dates six months ahead.

Re:constitutional issues?

[demonlapin]

Intriguingly, according to the jury instructions my wife was handed at her recent jury duty, "you will be instructed to consider the evidence in light of your own experience. You are not allowed, however, to relate any special or expert knowledge or opinion that you have regarding business, technical or professional matters to your fellow jurors."

So the doctor and lawyer would find themselves responsible for a mistrial, possibly a contempt of court citation, for explaining anything to the other members of the jury.

Of course phones, etc should be confiscated.

[tdelaney]

In Australia, when the jurors enter the jury room at the beginning of the day, all phones, computers or anything which could be used to communicate with the outside world is taken and locked away. At the end of the day the jurors get them back.

This is standard procedure, to reduce the chance of evidence contamination. Jurors are also required not to perform their own investigations, or to talk about the case with anyone outside of the jury room, both during the trial and after the trial concludes. Breaking these rules can lead to prosecution. I'm always amazed at the stories of jurors in the US talking about trials, why they made their decisions, etc. Here in Australia that would get you locked up.

Then again, jury selection is also very different in Australia. Neither the defence nor prosecution can ask any questions of the potential jurors. Each time I've been up for jury duty (I've served once) the process was as follows (this was for the Supreme Court of NSW - other courts may be somewhat different):

1. Potential jurors asked to be excused. Those who were excused were informed that they would be re-summonsed within about 6 weeks. When you're selected for jury duty in Australia, eventually you will have to allow yourself to be part of the jury pool. You're also informed at this point that by turning up for selection, you've avoided a fine of between $1100-2200. Forms regarding payment options are filled out at this time as well.

2. Those who were not excused were told that they are exempt from any future jury summonses for at least 1 year.

3. Those who were not excused were told about the case. At that point anyone who already knew particulars about the case, knew any of the defendant, witnesses, or felt they hadany other reason that they could not be impartial about the case were excused.

4. One at a time, jurors were randomly selected from the remaining pool. Each of the defence and prosecution could "challenge" (reject) any juror, but only by looking at them (i.e. there are no questions whatsoever). The defence and prosecution could each challenge a maximum of 5 jurors.

5. Once 12 jurors went unchallenged, the rest of the jury pool was dismissed.

6. The 12 jurors were sworn in and informed of their responsibilities, then taken to the jury room.

7. Once the trial concluded the jury was dismissed, and were told how long they are exempt from jury summonses (at least 3 years, but can be longer at the judge's discretion, depending on length of trial, etc).