It is reported that an Arkansas juror tweeted from the jury box in a death penalty case currently on appeal.
Only after several tweets was the juror discovered. The trial judge did not dismiss the juror (or another that was sleeping) because the tweets were about the juror's feelings.
For news stories, and there are many as it was reported by AP, just search on Google:
Arkansas Juror Tweets Death Row Case
Monday, November 21, 2011
Monday, November 7, 2011
Should Jurors Be Permitted to Do Independent Research?
A thought-provoking article suggesting that task forces be appointed to consider the issues surrounding the "wired juror" may be found at http://www.thejuryexpert.com/. (Go to March 2011 issue, then search Blackman and Brickman) (Title: Let's Talk: Addressing the Challenges of Internet-Era Jurors) The authors raise a multitude of questions and acknowledge the great complexity of the issues. One question: should the courts allow jurors to satisfy their "itch to know" (ie. Googling terms) while at the same time quelling their "itch to tell?"(ie using Facebook) Jurors could be instructed that what they find by Googling must be given lesser weight.
I like the quote from the winner of a 2010 law school legal writing contest (at p. 3):
A major question is whether the protective cocoon we want to preserve of the courtroom trial, where jurors calmly and dispassionately receive only relevant and reliable information based on evidentiary rules...can viably be maintained in the face of the informational tsunami pressing against it." (Gareth Lacy, U of Washington)
We need to start discussing this question rather than just try to fight the informational tsunami.
I like the quote from the winner of a 2010 law school legal writing contest (at p. 3):
A major question is whether the protective cocoon we want to preserve of the courtroom trial, where jurors calmly and dispassionately receive only relevant and reliable information based on evidentiary rules...can viably be maintained in the face of the informational tsunami pressing against it." (Gareth Lacy, U of Washington)
We need to start discussing this question rather than just try to fight the informational tsunami.
Tuesday, November 1, 2011
Understanding Juror Misconduct: Poor Juror Compensation May be One Factor
There has certainly been no dearth of cases where jurors have failed to follow the court's instructions as to Internet media and use of social media during trials. There is a dearth, however, of social science research as to juror motivations for this misconduct. I continue to look for social science commentary in this area with little success over the past couple of months.
An article in the Southern California Interdisciplinary Law Journal (Vol. 14: 31, 2004) entitled "Using Experimental Economics to Peek into the 'Black Box' of Jury Behavior: A Proposal for Jury Research Reform," while focusing on economic analysis of jury deliberations and outcomes, contains the following statements which confirm some of my own conclusions:
Page 35 Another concern is the likelihood that jurors will put less than the appropriate amount of effort in understanding and deciding a case...the fact that jury service is generally compelled by law, but compensated poorly, certainly provides a breeding ground for such apathy. Add to that the modern notion that jury service is an unceremonious burden rather than a privilege, and one can see why a juror may feel less than inspired to devote herself to the case at hand. (emphasis supplied)
It troubles me that we judges and court administrators, due to budgetary challenges, have failed to even come close to compensating jurors for their service. In Minnesota a few years ago the daily jury fee was reduced to $10 and mileage is paid at 27 cents or only about 1/2 of the federal rate. After the months-long tobacco trial in federal court in MN several years ago it was reported that several of the jurors were compelled to file bankruptcy as a result of loss of income during the trial. In the semi-rural county where I serve many of the jurors are not paid by their employers during jury service. Therefore, their service is a financial hardship to their families.
I found an article listing historical data on jury fees around the country. Here is the daily rate in MN:
In 2010 dollars
1869 $2 (142 years ago) $33
1907 $3 $71.80
1937 $4 (Depression-era)
1953 $6 $48.90
1989 $15 $26.40
2011 $10
Link to state jury fee survey: http://www.matrixbookstore.biz/trial_jury.htm
Federal jurors are paid $40 daily plus mileage.
One step toward encouraging jurors to follow the judge's instructions would be to reasonably compensate them for their service and make service less of an outright hardship. Will it be expensive? Certainly. Is it necessary? Absolutely!
An article in the Southern California Interdisciplinary Law Journal (Vol. 14: 31, 2004) entitled "Using Experimental Economics to Peek into the 'Black Box' of Jury Behavior: A Proposal for Jury Research Reform," while focusing on economic analysis of jury deliberations and outcomes, contains the following statements which confirm some of my own conclusions:
Page 35 Another concern is the likelihood that jurors will put less than the appropriate amount of effort in understanding and deciding a case...the fact that jury service is generally compelled by law, but compensated poorly, certainly provides a breeding ground for such apathy. Add to that the modern notion that jury service is an unceremonious burden rather than a privilege, and one can see why a juror may feel less than inspired to devote herself to the case at hand. (emphasis supplied)
It troubles me that we judges and court administrators, due to budgetary challenges, have failed to even come close to compensating jurors for their service. In Minnesota a few years ago the daily jury fee was reduced to $10 and mileage is paid at 27 cents or only about 1/2 of the federal rate. After the months-long tobacco trial in federal court in MN several years ago it was reported that several of the jurors were compelled to file bankruptcy as a result of loss of income during the trial. In the semi-rural county where I serve many of the jurors are not paid by their employers during jury service. Therefore, their service is a financial hardship to their families.
I found an article listing historical data on jury fees around the country. Here is the daily rate in MN:
In 2010 dollars
1869 $2 (142 years ago) $33
1907 $3 $71.80
1937 $4 (Depression-era)
1953 $6 $48.90
1989 $15 $26.40
2011 $10
Link to state jury fee survey: http://www.matrixbookstore.biz/trial_jury.htm
Federal jurors are paid $40 daily plus mileage.
One step toward encouraging jurors to follow the judge's instructions would be to reasonably compensate them for their service and make service less of an outright hardship. Will it be expensive? Certainly. Is it necessary? Absolutely!
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