Thursday, December 22, 2011

Judges Need to Explain Why Social Media Rules Are Necessary for Fairness

Earlier this week I interviewed Minnesota litigation consultant Susan Macpherson for the District Court Show (see link at right).  She confirmed my conclusion that judges should not simply pass rules prohibiting jurors' use of social media and the Internet for research, but that the need for fairness to the parties must be explained in detail by the judge.

 I found preliminary jury instructions adopted by the Ohio Bar Association which is a good start to address these issues.  I would add even more explaining about fairness.
Just "google" this phrase: Ohio Bar Association Social Media Jury Instructions

I  will add a post when the District Court Show episode with Ms. Macpherson is available for viewing on the QCTV website.

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