In a front-page story, the New York Times
reports, "The use of BlackBerrys and iPhones by jurors gathering and
sending out information about cases is wreaking havoc on trials around
the country, upending deliberations and infuriating judges." Under "the
legal system's complex rules of evidence," jurors "are required to
reach a verdict based on only the facts the judge has decided are
admissible." But, they can now "seek information outside of the
courtroom" using "their cell phones," and "tell their friends what is
happening in the jury room." And, although "judges have long amended
their habitual warning about seeking outside information during trials
to include Internet searches," the "risk has grown more immediate –
and instinctual." Douglas L. Keene, president of the American Society
of Trial Consultants, notes that "it's really impossible to control
it." And, because "the court cannot even give a full explanation to
jurors about research" by telling "them what not to look for," the
"instructions are usually delivered as blanket admonitions." "Still,
"some courts are beginning to restrict the use of cell phones by jurors
within the courthouse," Keene adds.
Trial lawyers express concern over jurors' online posts. The AP
reports that "Anne W. Reed, a Milwaukee trial lawyer and jury
consultant who writes a blog that follows juries and social networking
sites" said, "Dozens of people a day are sending tweets or Facebook
updates from courthouses all over America." She said that "most posts
are innocuous" however "a few cases have raised eyebrows — and
questions about whether judges need to clarify jury instructions about
online communications." Reed "predicts that more judges will limit
jurors' access to cell phones — which they can use to post messages or
otherwise access the Internet — in the courtroom or jury room."
From the American Association for Justice news release.
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