Friday, April 1, 2016

Is Criminalizing Juror Misconduct the Only Solution?

Here is a link to a thought-provoking article about criminalizing juror misconduct related to social media.  The author states that deterrence is the primary goal, but comments at the end on the various objections to this approach:

1.  It impedes the trial judge's ability to inquire into the misconduct; the alleged "bad juror" can refuse to incriminate themselves by responding to the judge's inquiry.

2.  Judges are resistant to the legislature intruding in the court's province, the courtroom.

3.  Jurors will be even more discouraged from even showing up for jury duty.

The article is short and worthy of reading.

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