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It's funny.  Laugh. Social Networks The Courts Your Rights Online Idle

Facebook Post Juror Gets Fined, Removed, Assigned Homework 539

eldavojohn writes "A Michigan judge removed a juror after a Facebook comment and also fined her $250 and required her to write a five-page paper about the constitutional right to a fair trial. The juror was 'very sorry' and the judge chastised her, saying, 'You violated your oath. You had decided she was already guilty without hearing the other side.'"
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Facebook Post Juror Gets Fined, Removed, Assigned Homework

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  • by GodfatherofSoul ( 174979 ) on Thursday September 02, 2010 @10:24AM (#33451148)

    She didn't snap a bra in chemistry class. I'd expect some community service at least.

    • by gandhi_2 ( 1108023 ) on Thursday September 02, 2010 @10:26AM (#33451188) Homepage

      Well, technically she isn't guilty of anything until she's had a fair and speedy trial by her peers.

      • by clone53421 ( 1310749 ) on Thursday September 02, 2010 @10:27AM (#33451198) Journal

        clone53421 likes this.

        • Re:5 page paper? (Score:5, Informative)

          by tomhudson ( 43916 ) <barbara.hudson@ ... a - h u dson.com> on Thursday September 02, 2010 @10:45AM (#33451566) Journal

          Technically, the judge HAS tried her. The judge has the authority to convict her of contempt of court. Up here, when a juror does that, they're looking at up to 2 years in jail, which is one reason why you don't see jurors talking about jury deliberations even decades after a trial - what is said in deliberations is forever secret.

          Ex-parte communication with the defendant is also a good way to go to jail.

          • Re:5 page paper? (Score:4, Insightful)

            by clone53421 ( 1310749 ) on Thursday September 02, 2010 @10:52AM (#33451710) Journal

            Yeah, I know, but this is still a whoosh...

            Her “peers” are, logically, people who are just as dumb as she is... and what better way to flush out dumb people than by posting something dumb on facebook and seeing who “likes” it?

            • Re:5 page paper? (Score:5, Insightful)

              by causality ( 777677 ) on Thursday September 02, 2010 @11:06AM (#33452032)

              Yeah, I know, but this is still a whoosh...

              Her “peers” are, logically, people who are just as dumb as she is... and what better way to flush out dumb people than by posting something dumb on facebook and seeing who “likes” it?

              Dumb people aren't all that hard to identify. They're usually rather eager to advertise this fact about themselves, though unwittingly.

              There's nothing like a good old car(-related) analogy so I'll give a driving analogy as an example. A lot of people don't seem to understand that the long turning lanes on many major roads are there for a purpose. They exist so that a driver doesn't have to start slowing down for the turn until after going into the turning lane, eliminating the need to slow down all of the traffic behind them just to make a turn. Yet a lot of drivers don't understand this and will gladly slow down everyone behind them, needlessly, completely oblivious to how their actions affect others. If you ever see traffic slow to a crawl on a day when there aren't that many cars on the road, it's because of a multitude of people who may be several miles ahead doing inconsiderate things like this.

              That's generally the mark of stupid people everywhere. They are capricious, self-serving, and do not act in a deliberate fashion with a full awareness of how their actions affect others. Most of them are not malicious because malice would require intent and an ability to plan one's actions according to that intent, something the stupid are generally unable or unwilling to do. A juror who, if not for this judge, would have conducted a jury trial with an obvious bias without regard for the jeopardy the accused is in would be another iteration of the same pattern.

              • Re:5 page paper? (Score:5, Insightful)

                by Altus ( 1034 ) on Thursday September 02, 2010 @11:24AM (#33452368) Homepage

                A friend of mine came up with a name for the group of people who drive in these kinds of passively inconsiderate ways, impeding everyone's forward progress.

                He calls them "The Anti-destination League"

              • Re: (Score:3, Insightful)

                by blincoln ( 592401 )

                They exist so that a driver doesn't have to start slowing down for the turn until after going into the turning lane, eliminating the need to slow down all of the traffic behind them just to make a turn.

                Most of the lanes I know of like that are shared between both directions of traffic. Not slowing down before moving into them sounds like a good way to end up in a head-on collision at high speed.

              • by Idiomatick ( 976696 ) on Thursday September 02, 2010 @12:48PM (#33454110)
                If you are in the states you can just say something like "glenn beck is such a leader" and whoever agrees with you... tada.
                • Re: (Score:3, Insightful)

                  by ScentCone ( 795499 )
                  If you are in the states you can just say something like "glenn beck is such a leader" and whoever agrees with you... tada

                  Also, "Al Gore inspired me to carry a gun and some poorly made bombs into the Discovery Channel headquarters where I took hostages in the name of stopping the births of more parasitic human babies. He's my leader." That's always a good test, too. Just listen for the people who say, "Well, you know, he really does have a solid, valid view of things. His protest theatre was just a bit o
              • Re: (Score:3, Insightful)

                by NetNed ( 955141 )
                So to sum up could we use the iconic words of Forest Gump, "stupid is as stupid does"?
                • Comment removed (Score:5, Interesting)

                  by account_deleted ( 4530225 ) on Thursday September 02, 2010 @04:17PM (#33457328)
                  Comment removed based on user account deletion
                  • Re: (Score:3, Interesting)

                    by VJ42 ( 860241 ) *
                    Here in the UK it's the opposite - people I listened to who've sat on a jury have said things along the lines of "if you're guilty take a jury, if you're innocent take a judge" because their experiences have led them to believe that juries are easier to influence and (in general) reluctant to convict.
                  • Re: (Score:3, Interesting)

                    by vegiVamp ( 518171 )
                    Interestingly, here in Belgium jury leave is legally arranged: you get leave that doesn't come out of your regular leave, for the time you're needed plus travel, up to a max of n days.

                    Makes for a much more even distribution of jurors :-)
          • Re:5 page paper? (Score:4, Informative)

            by hedwards ( 940851 ) on Thursday September 02, 2010 @11:40AM (#33452750)
            That's not true, jurors are only required to remain silent during the trial, afterward, they're allowed to talk to council and anybody else they like. In practice former jurors tend to remain silent for the simple reason that it's very easy to say something after the fact which causes huge headaches or can even cause the case to be set aside. At least that's how it is here in WA, USA, not sure about other parts of the world.
      • Umm, yes she is, as part of the "service" in Jury service; you agree not to talk about the case with anyone else, outside the court or jury room. The possible penalties are made abundantly clear.
        Guilty as charged m'lud.
        • Re:5 page paper? (Score:4, Informative)

          by jgagnon ( 1663075 ) on Thursday September 02, 2010 @10:45AM (#33451564)

          There is a whooshing sound near you at the moment that you may want to listen to.

        • Re:5 page paper? (Score:5, Insightful)

          by TheOtherChimeraTwin ( 697085 ) on Thursday September 02, 2010 @10:52AM (#33451714)

          you agree not to talk about the case with anyone else

          Agree?? When do you have an opportunity to agree to anything in jury service? You are required to show up on such-and-such date at such-and-such time. You may not wear shorts, tank tops, beach shoes or t-shirts, or any clothing with offensive language or logos. Don't do this, and for heaven's sake, don't do that! Jurors lose quite a bit of freedom when they get that notice in the mail.

          The possible penalties are made abundantly clear.

          Yes indeed, the penalties are stacked neatly up to the ceiling.

          • Re:5 page paper? (Score:4, Interesting)

            by Lumpy ( 12016 ) on Thursday September 02, 2010 @11:36AM (#33452660) Homepage

            You dont know much about the process do you.

            you AGREED to it when you signed up to vote. That is where they pull jury choices from Voter records.

            Here in michigan they use TWO. Drivers license records and Voter records. If you do NOT agree to being on a jury, then dont have a drivers license and dont register to vote.

            This is spelled out clearly in the State and Federal EULA you agreed to when you became a US citizen.

            Let me guess, you are one of those people that knows NOTHING about your rights, and responsibilities as set forth by your Laws and constitution.

    • Re: (Score:3, Funny)

      The judge would have a field day with me. My first instinct when I meet someone is to use some sort of latent psychic ability to peer directly into their soul and evaluate what kind of person they are on a very basic level. Something I learned to do... long before I remember, probably since I was born.

      I've never had to serve on a jury criminal trial.

      • by Dyinobal ( 1427207 ) on Thursday September 02, 2010 @10:35AM (#33451344)
        I use my latent psychic ability to detect BS in online posts. It's just something I learned to do long before I remember probably since the internet was made.
      • Re: (Score:3, Informative)

        This is something that humans are just hardwired to do. Rapid evaluations of new individuals helps us in evaluating potential threats, and in assessing the credibility and trustworthyness of anyone we meet. It's something that we just cannot avoid doing, it happens very quickly and outside of our awareness. The problem is that these initial perceptions are incredibly difficult to change. One chance at a first impression if you will.

        We all do it. Some of us are more aware that we are doing it than other

        • Re: (Score:3, Interesting)

          by delinear ( 991444 )
          Everyone knows humans make knee jerk assumptions about people. Everyone should also know that, if you're sitting on a jury, you don't post those knee jerk assumptions on Facebook - it highlights the mockery of the fair trial process, and judges don't like that at all.
        • Re: (Score:3, Informative)

          by TheLink ( 130905 )

          For scenarios and for many people those initial perceptions are often right[1] (and good enough).

          But going by guesses does not make for a fair trial.

          [1] See: http://www.usatoday.com/life/books/excerpts/2005-01-07-blink_x.htm [usatoday.com]

          Quote: "On the basis of those calculations, Gottman has proven something remarkable. If he analyzes an hour of a husband and wife talking, he can predict with 95% accuracy whether that couple will still be married fifteen years later. If he watches a couple for fifteen minutes, his succe

  • ...if you want to winny, don't be a Prinny [gametrailers.com].

    Seriously though...what's with people being stupid about social networking services? Juror's getting booted, athletes getting fined for tweeting during a game, etc. Use some common sense, people.

    • by gorzek ( 647352 ) <gorzekNO@SPAMgmail.com> on Thursday September 02, 2010 @10:33AM (#33451328) Homepage Journal

      It's not even about common sense, it's more a problem with discretion. I cannot believe some of the things people tweet or post about on Facebook--things that I would think any self-respecting person would know better than to share with the world. It's like it's a contest to see who has the most embarrassing dirty laundry. Then there are the people who think their every stray thought is worth a Facebook status update. Well, it isn't. Odds are, no one cares.

      Most people would be better off if they just kept their mouths shut and their keyboards silent.

      • Re: (Score:3, Insightful)

        by causality ( 777677 )

        It's not even about common sense, it's more a problem with discretion. I cannot believe some of the things people tweet or post about on Facebook--things that I would think any self-respecting person would know better than to share with the world. It's like it's a contest to see who has the most embarrassing dirty laundry. Then there are the people who think their every stray thought is worth a Facebook status update. Well, it isn't. Odds are, no one cares.

        Most people would be better off if they just kept their mouths shut and their keyboards silent.

        Discretion is not compatible with the narcissism and vanity that drives a person to think that the world needs to know every last detail about their personal lives, as though they were a celebrity who can hardly shop at a grocery store without having it published in the tabloids. That's why the people with discretion are relatively silent compared to the ones you're talking about.

        Common sense does not begin to enter the picture until well after vanity is recognized as the empty and useless pursuit that

      • Re: (Score:3, Funny)

        by nuckfuts ( 690967 )

        Then there are the people who think their every stray thought is worth a Facebook status update. Well, it isn't.

        Agreed. That's what Twitter is for.

    • I think the more unfortunate side of this is that there are probably a lot of people who don't take the jury process seriously, and this was just one dumb person who showed it on Facebook.

      If only there was a way to get more of these people to inadvertently get themselves removed.

  • contempt of court can get you jail time. And rightfully so.

    If I had been accused of something and was standing trial, I would want the process being done properly. Especially if I hadn't done what I was accused of (not saying that's a fact in this case)
    • Re: (Score:3, Informative)

      by shentino ( 1139071 )

      Contempt of court is one of the few times where the writ of habeas corpus doesn't apply. It has been ruled that the defendant "holds the keys to his own cell".

      Unfortunately that implies that you have no standing to challenge a live judicial order. If the judge tells you to do something, you either comply or get locked up until you do. The lack of habeas corpus means that you can't whine to a higher judge and sit tight.

  • about time.. (Score:4, Insightful)

    by Jarik C-Bol ( 894741 ) on Thursday September 02, 2010 @10:27AM (#33451194)
    You know, with how pervasive social networking is these days, and how poorly educated a lot of the public seems to be about how the legal system works, I have to say that I am surprised that this has not happened sooner. It was bound to happen eventually. Personally, i think that the punishment should be a little steeper than 250$ and an essay. This is the sort of behavior that needs to be nipped in the bud, set a proper example, and really show that this sort of thing will not be tolerated.
    • Re:about time.. (Score:5, Insightful)

      by clone53421 ( 1310749 ) on Thursday September 02, 2010 @10:31AM (#33451288) Journal

      +1 hell yes.

      Whether or not the punishment was too lenient / harsh, this needs to get way more publicity...

      One juror learning this the hard way: $250 and a 5-page essay
      Millions of people getting even half a clue about how the system is designed to work by hearing about this: (quite literally) priceless.

    • You know, with how pervasive social networking is these days, and how poorly educated a lot of the public seems to be about how the legal system works, I have to say that I am surprised that this has not happened sooner. It was bound to happen eventually. Personally, i think that the punishment should be a little steeper than 250$ and an essay. This is the sort of behavior that needs to be nipped in the bud, set a proper example, and really show that this sort of thing will not be tolerated.

      how poorly educated a lot of the public seems to be about how the legal system works

      "There are some things you're not supposed to do, but nothing happens if you don't get caught."

      This isn't ignorance, merely poorly judged risk-taking.

    • You know, with how pervasive social networking is these days, and how poorly educated a lot of the public seems to be about how the legal system works, I have to say that I am surprised that this has not happened sooner. It was bound to happen eventually. Personally, i think that the punishment should be a little steeper than 250$ and an essay. This is the sort of behavior that needs to be nipped in the bud, set a proper example, and really show that this sort of thing will not be tolerated.

      Bad: A juror talking about a trial outside of the trial.

      Really, insanely, horribly, justice pervertingly bad: Being selected as a member for a jury and deciding a person's fate before they or their representation has a chance to present their side of the case.

      The bad part was "bound to happen" but not even giving the accused a chance to explain their side of the story? That should never be "bound to happen." And that fundamental issue with how a 'fair trial' should happen in the United States, I

    • Re: (Score:3, Informative)

      by DerekLyons ( 302214 )

      You know, with how pervasive social networking is these days, and how poorly educated a lot of the public seems to be about how the legal system works

      Unless Michigan is very different from Washington, the state of education about the legal process is irrelevant - because jurors and prospective jurors are briefed (multiple times) about what is and isn't appropriate behavior during the selection process and prior to trial.

  • Another reason to justly lose faith in the justice system. Even a trial by a jury of your peers isn't fair.
    • Re: (Score:2, Insightful)

      by snookerhog ( 1835110 )
      The "peers" part continues to stick in my craw a bit. If I am arrested, how likely is it the the jury will have anyone that could be considered my peer?

      it is a jury of fellow citizens and nothing more.

      • Re:another reason (Score:4, Informative)

        by adavies42 ( 746183 ) on Thursday September 02, 2010 @11:21AM (#33452306)

        all americans are peers since none of us are nobles. (an irony, given how "peer" is used in england....) read some history sometime, it makes a lot of things make more sense.

        • Re: (Score:3, Interesting)

          by DrgnDancer ( 137700 )

          It's really just an older definition of the term. "Peer" is mostly used the same way in Britain as it's used here, and the it can be used here to describe "peers" of other countries, perfectly accurately. Since blooded nobility means very little these days, even in countries that continue to have it, the old use of the term has fallen away except in historical records and fantasy novels.

          To GP: The original use of the term "peer" had little to do with ability, and everything to do with birth. When the or

  • by Darkness404 ( 1287218 ) on Thursday September 02, 2010 @10:29AM (#33451246)

    The juror was 'very sorry' and the judge chastised her saying, 'You violated your oath. You had decided she was already guilty without hearing the other side.'"

    Facebook had nothing to do with it, the problem is people aren't objective. The injustice would have happened no matter if she didn't post anything about it.

    • Re: (Score:2, Interesting)

      by Anonymous Coward

      As much as I hate Facebook and love to take any opportunity to bash it, I very much agree with you.

      I have served on juries, in and most cases my fellow jurors had already made up their minds well before both sides presented their case.

      • by Sprouticus ( 1503545 ) on Thursday September 02, 2010 @11:48AM (#33452940)

        And I was on a jury for a murder trial where we debated for many hours before finding the person not guilty (the fucker was guilty but the state did not prove their case). The point being that your experience is interesting but not universal.

        Yes people make up their mind beofre things start.. But that is why yu are supposed to deliberate, supposed to discuss. To make sure

        a) everyone understands the evidence
        b) everyone understands what the evidence MEANS
        c) everyone can explain their reasoning.

        Sure you can take the evidence and make it fit your preconceived notions. But if yu are on the jury with other people who have a brain they will see through that and make you explain yourself.

    • by BobMcD ( 601576 ) on Thursday September 02, 2010 @11:14AM (#33452168)

      The juror was 'very sorry' and the judge chastised her saying, 'You violated your oath. You had decided she was already guilty without hearing the other side.'"

      Facebook had nothing to do with it, the problem is people aren't objective. The injustice would have happened no matter if she didn't post anything about it.

      That's a bit high and mighty, isn't it? I'm fairly certain there's a solid chance that any person / every person could decide to convict based on hearing only half of the story. You might elect to not tell anyone you had done so, but depending on the case, this may well be the correct choice. Labeling it as in injustice assumes that the decision was incorrect. We just don't know that yet, do we?

      Imagine the prosecution lays out a case with video, DNA, eyewitness evidence, and a confession. Imagine further that the DA wanted to plea them out, but the defendant would rather be on TV, and insisted on a trial. You would, in this hypothetical case, come away from the first day with the conclusion that the defense would need a miracle to win the case. And, assuming the accused was some sort of scumbag, you'd probably be rooting for them to fail to find one.

      Anyway, it seems bizarre that you'd bash her for jumping to conclusions by jumping to conclusions.

  • Unasked Question (Score:2, Insightful)

    by Luthair ( 847766 )
    I find it hard to believe no one is asking exactly why the defendants son is creeping around looking up jurors from his father's trial on Facebook.
    • Maybe because he wants to make sure his dad gets a fair trial?

    • Re:Unasked Question (Score:5, Informative)

      by b0bby ( 201198 ) on Thursday September 02, 2010 @10:36AM (#33451386)

      I find it hard to believe no one is asking exactly why the defendants son is creeping around looking up jurors from his father's trial on Facebook.

      Um, it was the lawyer's son who looked it up, and the defendant was female.

    • Are there laws against looking up jurors on Facebook?

    • Re:Unasked Question (Score:5, Interesting)

      by kent_eh ( 543303 ) on Thursday September 02, 2010 @10:51AM (#33451694)
      I find it disturbing that anyone in the courtroom (or associated with the process) even knows the names of the jurors.
      When I was a juror we were assigned numbers before we even arrived at the court for selection. AFAIK the judge didn't even know our names.
      During selection, we were asked if we knew the accused, the victim, any of the lawyers, the police officers involved, or any of the witnesses (and their names were listed) or if we had any dealings with anyone in the small town that they had all come from. Any of those would make you not able to sit on the jury for this case.
      We were also strongly warned not to speak about the details of the trial with anyone other than the other jurors. Ever.

      Of course, that''s the Canadian court system. In other countries, YMMV.
  • Those that get picked, in many cases, were not smart enough to get themselves dismissed during jury selection.
    • Or had a bone to pick.

    • by hsmith ( 818216 )
      Here is the real problem, Lawyers pick out those they don't think are good "fits" - aka those with more than half a god damned brain. They want dumb jurors and it is what we get. I wouldn't want to be judged by random people, our society is too stupid.
      • by panda ( 10044 ) on Thursday September 02, 2010 @10:58AM (#33451856) Homepage Journal

        Having gone for jury duty in two states, I can tell you that what you say is not always the case.

        I served on a jury in Kentucky in 1999 or so, and the other jurors struck me as intelligent, level-headed people. We were there to do our civic duty and we did it well, I think. We returned our verdict based on the evidence presented at trial. That is what was asked of us and that *is* what we did.

        Fast forward about 8 to 10 years and I was called to jury duty in Massachusetts. I was saddened by the number of people deliberately lying in an effort to get out of jury duty. What I saw were a bunch of selfish, self-centered consumers, rather than citizens who were willing to do their civic duty to at least attempt to preserve the notion of a fair trial in this country.

        My number was called and I sat in the box. The attorneys have the right to strike jurors for any reason. I was called to the bench to answer questions about my previous jury service and about a past experience as a witness in a trial. I answered those questions as truthfully as I could given the amount of time that had elapsed since either had occurred. One of the attorneys decided to strike me based on my answers to those questions, or perhaps for some other reason. (Ironically, I "got out of" jury duty faster than the people who were lying about knowing something about the case, or being biased, etc.)

        It sickens me when I hear people say things like "too dumb to get out of jury duty." That attitude has contributed to the decline of the criminal justice system in the USA. It's not the only factor, of course, but it is part of the problem when people do not want to participate in something that is vital to freedom in our country.

        • Re: (Score:3, Informative)

          by Anonymous Coward

          Recently, I was not selected in a jury trial but I wished I would have been. Too many of the potentials had been "educated" by Law & Order, or other courtroom dramas.

          Here is the premise: A man stabs his wife 14 times using 2 knives and a fork. I dont say allegedly because he did do it, he admitted it, he called the police when it was over to tell them she was dead. She was not dead, but went to the hospital where she later died.

          The case was between the prosecution (claiming 1st degree, premeditated

        • Re: (Score:3, Interesting)

          by Lakitu ( 136170 )

          Care to explain how you knew the other potential jurors were lying?

      • Re: (Score:3, Insightful)

        The one criminal jury I was on had a pretty good cross-section in terms of education and experience. As I recall, only one potential jurors was removed: one who had previously served on a jury that failed to reach a verdict.

        They want dumb jurors and it is what we get.

        Each side in a jury trial wants jurors that are as well disposed as possible to their side, and has an incentive to remove jurors that they feel will be unreceptive to the arguments that they plan to use. Additionally, either side (and often bo

    • Re: (Score:3, Insightful)

      by kent_eh ( 543303 )

      Those that get picked, in many cases, were not smart enough to get themselves dismissed during jury selection.

      Or understand the concept of duty better than you seem to.

      As in the phrase "jury duty"

  • That a juror has already formed his opinion before the end of the trial is a common problem in all jury based law systems. A system with (multiple) full-time judges avoid some of those errors, but opens another can of worms.

    • Re: (Score:3, Insightful)

      by goodmanj ( 234846 )

      A system with (multiple) full-time judges avoid some of those errors, but opens another can of worms.

      *shudder*. Yeah, thanks but no thanks.

      http://en.wikipedia.org/wiki/Star_Chamber [wikipedia.org]

    • Re: (Score:3, Interesting)

      by hedwards ( 940851 )
      To be honest that's probably the thing about my one time on jury duty that I'm the most proud of. Finishing deliberations, the results were nothing like what I would've expected going into it. Perhaps the fact that it was a civil trial rather than criminal and that we just had to go with the preponderance of evidence and didn't need unanimous consent to reach an agreement.
  • She thought he was guilty. Big deal. Isn't that what jurors are supposed to do?

  • by filesiteguy ( 695431 ) <perfectreign@gmail.com> on Thursday September 02, 2010 @11:03AM (#33451952)
    ...period?

    I mean, c'mon. If they're on trial that means we got them. :P
    • by BobMcD ( 601576 ) on Thursday September 02, 2010 @11:23AM (#33452364)

      Don't people know all defendants are guilty period?

      I mean, c'mon. If they're on trial that means we got them. :P

      I know you're joking, but I'd like to point out that there's a rather natural reason why the system is slanted against the defendant:

      It's expensive and overloaded.

      As a prosecutor you wouldn't want to waste resources on a fishing expedition. You'll need a case, and whether fabricated out of whole cloth or genuine, it really ought to be a good enough case to convince at least SOME of the jurors by the time you are finished presenting it. If not, then it is too soon to go to trial, isn't it?

  • by sxedog ( 824351 ) on Thursday September 02, 2010 @11:48AM (#33452954)

    My Grandpa used to say: "You pay peanuts, you get monkeys".

    Sadly that is what the juror system has become.

  • by bored ( 40072 ) on Thursday September 02, 2010 @06:01PM (#33458688)

    I can't believe no one has referenced the Richard Dawkins paper where he points out some serious flaws in the idea y jury trials.

    If you haven't read it there is a copy here Three herring gull chicks...The reason juries don't work [lucite.org].

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