In this week of the Olympics we find that juror misconduct involving social media, just like the Olympic sports, is not confined to the U.S. The Canadian murder trial of Fred Prosser has resulted in a mistrial over a juror posting on an anti-Prosser Facebook site.
LINK: http://www.cbc.ca/news/canada/new-brunswick/story/2012/07/18/nb-prosser-trial-929.html
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.
Tuesday, July 31, 2012
Monday, July 30, 2012
Ohio Supreme Court Finds Trial Judge Acted With Haste in Ruling on Juror Misconduct During Deliberations and Ordering Mistrial
In a case with multiple defendants and a tortured route several times to the appellate courts, the Ohio Supreme Court ruled that the trial judge acted hastily in ordering a mistrial after briefly questioning a juror who brought to jury deliberations Internet research on the terms "perverse" and "involuntary manslaughter. Convictions from a subsequent trial were reversed as double jeopardy was found.
LINK "http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2012/2012-Ohio-3236.pdf
LINK "http://www.supremecourt.ohio.gov/rod/docs/pdf/0/2012/2012-Ohio-3236.pdf
Friday, July 20, 2012
Retrial Results From Juror Bringing Extrinsic Evidence Into Deliberations
In a Washington wrongful death case, a juror told fellow jurors that families of soldiers killed in Afghanistan get $100,000 so no one else should get more. The trial judge determined that this comment did not affect the verdict. The appellate court reversed, discussing the objective standard which the trial judge should have used, ie. could the comments have affected the verdict.
http://www.courts.wa.gov/opinions/pdf/66743-2.unp.docx.pdf
http://www.courts.wa.gov/opinions/pdf/66743-2.unp.docx.pdf
Friday, July 13, 2012
Followup on May 25 post: Absentee Sitting Juror Fined
The federal juror (medical device salesman) who left mid-trial on a business trip to meet with a dissatisfied client in Iowa has been sanctioned and fined by a federal judge:
http://news.bostonherald.com/news/national/midwest/view/20120711juror_fined_1000_for_skipping_out_on_his_duty_in_middle_of_trial/srvc=home&position=recent
http://news.bostonherald.com/news/national/midwest/view/20120711juror_fined_1000_for_skipping_out_on_his_duty_in_middle_of_trial/srvc=home&position=recent
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