Finally, an Online Compilation of Jury Instructions

When I undertook my compilation of jury instructions regarding juror use of the internet and social media, the biggest challenge was collecting the official and unofficial jury instructions for every state and federal circuit.

Juror Gets 30 Days, Fine for Online Research

A juror in a high-profile criminal trial of five members of a church for beating a gay congregant has been held in contempt and sentenced to 30 days in jail and fined $500 for doing independent research online about (archaic, it turns out) North Carolina law and distributing it to fellow jurors. Besides punishing the juror, the judge also declared a mistrial in the case.

Writing and Speaking on Social Media and Courts

I discuss different aspects of social media and the courts in a new article and at an upcoming conference.

Quoted by the AP. And Herman Cain.

I've been quoted by the Associated Press in a story about a bill pending in California that would allows judges to fine jurors who use social media or the internet improperly during trials. And 2012 presidential candidate Herman Cain pulled my quote from the AP for his daily news update (halfway down the page).

New York Bar Association Committee Calls for Jury Instruction Improvements for Digital Age

In my 2011 study of state and federal courts' jury instructions regarding the internet and social media, I observed that New York State's civil and criminal pattern jury instructions were among the most advanced in how they dealt with the issue. Not only do New York's instructions admonish jurors not to use these resources to research or communicate about the cases they are hearing, but the instructions also mention specific sites and warn of the possible consequences if the instruction is disobeyed.

Now the New York State Bar Association's Commercial and Federal Litigation section is calling for updating and strengthening the instructions.

Small Survey Shows Juror Misconduct Online May Be a Big Problem

In previous posts, I have been skeptical of surveys of judges that have revealed low levels of internet and social media use by jurors. Now a small survey of New Hampshire state judges indicates that it such juror misconduct may be more common.

New Poster Gets Specific On Juror Research, Social Media Use

The National Center for State Courts has released a new poster, "Juror Responsibilities Regarding the Internet and Social Media," that is intended for jury rooms to remind jurors that they should not from research or use social media to discuss cases. But the poster's limited explanation of the reasons behind the restrictions is problematic.

Juror's Online Research Leads to Murder Reversal

Research by a juror in a Pennsylvania trial which uncovered the defendant's prior involvement with the law has led a judge to order a new trial in a murder case in which the defendant has been on death row since 2007.

This marks the second known time that a murder conviction has been overturned because of a juror's online research, although in that case the reversal was also based on a juror who fell asleep during the trial. See Erickson Dimas-Martinez v. State, 2011 Ark. 515, 385 S.W.3d 238 (2011).

Jury's Still Out on Juror Internet Use

A recently-released report from the Federal Judicial Center says that in a survey of 494 federal trial judges (48 percent of all 1,021 sitting federal trial judges), only 33 of the judge (seven percent of respondents) reported that they were aware of instances of juror use of social media to communicate during trials or deliberations in their courts

California Judicial Council Recommends Repeal of Law Criminalizing Juror Internet Use

cross posted at the Digital Media Law Project)
In August 2011, California adopted a statute making it a crime for jurors to use social media and the Internet to do research or disseminate information about cases. Now, two years after the law went into effect, the state's Judicial Council has recommended that the statute be repealed.

Social Media in Court Down Under

A panel of academics (including my friend Mark Pearson of Griffith University) has issued a report commissioned by the Attorney General of the Australian state of Victoria on the issues involving jurors' use of social media, including recommendations for dealing with the issue.

Judge Threatens Jail for Juror's Online Research, Discussions

The Tampa Bay Times and Lawyers.com both report that a Florida judge who declared a mistrial in a capital murder case because of a juror's Internet research into a murder case and online discussions of a case led to a mistrial has been threatened the juror with jail time.

The Feds Try Again, But Just Won't Say Why

(cross posted at the Citizen Media Law Project)
The federal courts have revised the jury instructions released in 2010 to address jurors' use of the internet and social media. But while the revised version is more specific about what activities jurors should avoid, they are still inadequate. This is because they are still in the form of a command -- "thou shalt not" -- but do not explain to jurors why they should not discuss the case or do research online.

A Double Dose in Boston

A Massachusetts Court of Appeals decision regarding juror use of social media during trial led me to be interviewed by the Boston Globe for a story that was published yesterday (May 14) and by WGBH on today's Emily Rooney show.

Court Disconnect: Judge Urges Jurors to Keep Off MySpace

One of the major problems with juror use of the Internet and social media -- and courts' attempts to stop it -- is the disconnect between judges and other court officials, who are generally older and less familiar with modern media tools and services, and jurors who are tech-savvy.

In U.S. First, Juror's Friend Request Leads to Jail Sentence

cross posted at the Citizen Media Law Project)
At a recent presentation during which I reviewed a number of cases and court rule changes regarding juror use of social media and the Internet during trial, an audience member asked me why American courts appeared to be so lax in the face of such juror misbehavior, such as the Texas case in which a juror who sent a "friend" request to the defendant in a personal injury case was sentenced to two days of community service.

Another Verdict Falls Due to Internet Research

The Vermont Supreme Court has reversed a conviction for aggravated sexual assault on a child because a juror in the case was found to have researched Somali religion and culture, which was an issue in the case. State v. Abdi, No. 2010-255, 2012 VT 4, 2012 WL 231555, 2012 Vt. LEXIS 5 (Jan. 26, 2012).

Murder Conviction Reversal Raises Concern Over Juror Tweets

(cross posted at the Citizen Media Law Project)
The Arkansas Supreme Court has reversed a murder conviction -- and death sentence -- in a case where one juror tweeted during trial, while another fell asleep. Both these problems, the court said, constituted juror misconduct requiring reversal and a new trial. Erickson Dimas-Martinez v. State, 2011 Ark. 515 (Ark. Dec. 8, 2011).

New California Law Prohibits Jurors' Social Media Use

(cross posted at the Citizen Media Law Project)
California has adopted a new statute which clarifies that jurors may not use social media and the Internet – such as texting, Twitter, Facebook, and Internet searches – to  research or disseminate information about cases, and can be held in criminal or civil contempt for violating these restrictions. 

New State-By-State Compilation of Social Media Jury Instructions

Last year I began a state-by-state compilation of jury instructions regarding jurors' use of the Internet and social media, which has been one of the most popular posts on this blog.

Now I have put together a complete compilation of such instructions from the every state, as well as the federal circuits, along with summaries of cases in which the courts have dealt with juror using the Internet and social media during trial.

The new compilation is published in the latest edition of the Reynolds Courts & Media Law Journal (available here), the journal I edit for the Donald W. Reynolds National Center for Courts and Media.