In two recent decisions, appellate courts in New Jersey and Florida addressed use of the Internet to conduct research during trial.
Sep 13, 2010
Juror Use of Social Media: A State-by-State Guide
FOR A NEW, COMPREHENSIVE COMPILATION OF THESE INSTRUCTIONS, CLICK HERE.
Courts are increasingly becoming aware -- and wary -- of jurors using social media and other Internet tools to communicate to or from the courthouse during trial and / or deliberations.
Juror use of this media may take several forms: jurors conducting independent research on the case on the Internet; sending e-mails, text messages, Tweets or other communication conveying developments in a trial or deliberations; or using the camera feature of mobile technology to record courtroom proceedings.
In response to this growing concern -- and a growing number of mistrials in some cases due to improper juror use of technology -- several states have adopted or proposed rules or statutes which would explicitly limit such activity by jurors.
The goal of this post, which will be updated as developments warrant, is to compile these rules. Contributions of such rules that I have missed are welcome (email eric at blowlawonline.com).
Courts are increasingly becoming aware -- and wary -- of jurors using social media and other Internet tools to communicate to or from the courthouse during trial and / or deliberations.
Juror use of this media may take several forms: jurors conducting independent research on the case on the Internet; sending e-mails, text messages, Tweets or other communication conveying developments in a trial or deliberations; or using the camera feature of mobile technology to record courtroom proceedings.
In response to this growing concern -- and a growing number of mistrials in some cases due to improper juror use of technology -- several states have adopted or proposed rules or statutes which would explicitly limit such activity by jurors.
The goal of this post, which will be updated as developments warrant, is to compile these rules. Contributions of such rules that I have missed are welcome (email eric at blowlawonline.com).
Sep 3, 2010
Juror Penalized for Facebook Post
A Michigan juror was removed from the jury in a criminal trial and punished for contempt after posting a message on Facebook during trial stating that the defendant was guilty.
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