Linked below is an interesting take on the (possible) privacy rights of jurors who use social media to comment on a trial during their service.
http://www.businessweek.com/articles/2012-03-29/hey-judges-facebook-isnt-the-devil-its-the-new-gossip
See also appellate case involving requests by defendants to see Facebook postings of jury foreperson:
http://www.law.com/jsp/lawtechnologynews/PubArticleLTN.jsp?id=1332691957182&Facebooking_Juror_Sets_Fair_Trial_Rights_Against_Privacy_Concerns&slreturn=1
A blog about the very small percentage of jurors who fail to follow the judge's instructions, including doing independent Internet research, using social media (such as Facebook) to contact parties and lawyers, and blogging about the trial. Juror misconduct frequently results in mistrials and a waste of resources. Links will be provided to sample jury summonses, jury instructions, and other resources to improve juror education and minimize juror misconduct, thereby promoting fairness of trials.
Friday, March 30, 2012
Friday, March 16, 2012
Duke Law Review Article Includes Survey of 140 Jurors
Here is a link to article in Duke Law and Technology Review on jurors and social media. The authors suggest that judges give specific instructions prohibiting use of social media discussing the trial or doing research on the Internet, and that those instructions be given early during a jury trial and often. There is an interesting survey of 140 jurors regarding the temptation to use social media.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2020499
Click One-Click-Download to view the entire article.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2020499
Click One-Click-Download to view the entire article.
Thursday, March 15, 2012
Friday, March 9, 2012
Criminal Investigation of Juror Misconduct During Deliberations Requested by North Carolina Judge
Following a conviction in a first degree murder retrial, the presiding judge in Raleigh, NC, has ordered an investigation of juror misconduct during deliberations:
Thursday, March 1, 2012
ZZZZzzzz: Sleeping Jurors, Awake!
Minnesota has at least 2 appellate decisions on sleeping jurors. And, yes, I have occasionally observed jurors nodding off during trial. (A colleague observed counsel napping during a long trial.)
The MN cases: State v. Yant, 376 NW2d 487, 491 (Minn. App. 1985) and State v. James, 638 NW2d 205, (Minn. App. 2002)
Here is a link to a law review article: http://lawreview.jmls.edu/articles/show/17
The MN cases: State v. Yant, 376 NW2d 487, 491 (Minn. App. 1985) and State v. James, 638 NW2d 205, (Minn. App. 2002)
Here is a link to a law review article: http://lawreview.jmls.edu/articles/show/17
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