An alert bailiff discovered in a jury deliberation room printed information from Wikipedia obtained by the jury foreman and shared with fellow jurors. A new trial has been granted to the convicted defendant.
Here is the link:
http://hosted2.ap.org/CARIE/7f780b0f92634e54be4b48f9179deaa4/Article_2012-04-21-Juror%20Misconduct-Mistrial/id-dafa76e0eeb9401092971dc302955068
The judge noted that the definitions obtained by the foreman were not accurate, that the foreman exhibited no malice, and was simply trying to be helpful. This is consistent with other juror misconduct cases where the miscreants claim to just want to do a good job and had not been provided the necessary information by the judges and lawyers.
The history of Wikipedia as, in essence, a dictionary, and an unreliable source for legal terms is recounted in a federal appeals decision (46 pages) with convictions vacated:
http://pacer.ca4.uscourts.gov/opinion.pdf/104831.P.pdf
Finally, a foreperson who conducted independent research in violation of the judge's admonitions was found in contempt and fined $500. Link: http://www.ediscoverylawalert.com/uploads/file/In-the-Matter-of-Daniel-M_-Kaminsky.pdf
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.
Saturday, April 28, 2012
Friday, April 13, 2012
Photographer's Goof Results in Mistrial
Not misconduct of a juror, but a photographer's error in publishing a juror's photo results in a mistrial:
http://www.huffingtonpost.com/2012/04/11/reporter-photo-austin-tabor-case-mistrial-declared-ann-marie-bush_n_1418723.html
AND another case of juror's photos, this time on a Facebook page:
http://www.mlive.com/news/muskegon/index.ssf/2012/04/baby_kate_trial_day_began_with.html
Another reason to ban cameras in the courtroom!
http://www.huffingtonpost.com/2012/04/11/reporter-photo-austin-tabor-case-mistrial-declared-ann-marie-bush_n_1418723.html
AND another case of juror's photos, this time on a Facebook page:
http://www.mlive.com/news/muskegon/index.ssf/2012/04/baby_kate_trial_day_began_with.html
Another reason to ban cameras in the courtroom!
Monday, April 2, 2012
Colorado Juror "Facebooking" During Trial is Discharged
Here we go again! It's nearly a weekly (certainly a biweekly) event that a juror somewhere is discharged for violating the judge's admonition against using social media to discuss the case. Link below is to a child sex abuse case in Colorado::
Link: http://www.krdo.com/news/30785653/detail.html?hpt=ju_bn6
Link: http://www.krdo.com/news/30785653/detail.html?hpt=ju_bn6
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