JURORS BEHAVING BADLY

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, September 28, 2012

Kentucky Case Remanded for Trial Court Inquiry Into Facebook Relationship Between Jurors and Mother of Victim

Here is link to Kentucky Supreme Court decision remanding murder case for trial court inquiry into extent of relationship between 2 jurors and mother of victim as Facebook "friends." The jurors stated in voir dire that they were not acquainted with the victim or her family, and did not use Facebook.

http://opinions.kycourts.net/sc/2011-SC-000318-MR.pdf

Monday, September 17, 2012

Mistrial After Lawyer Posts Underwear Photo on Facebook

A mistrial in a murder trial has resulted after defense counsel posted a photo of the Defendant's underwear on Facebook. Counsel apparently felt the Defendant's family acted foolishly after providing leopardskin-print undies for trial attire. Posting for all to see, including jurors, resulted in a mistrial:

Link: http://www.webpronews.com/lawyer-posts-photo-of-clients-underwear-on-facebook-quickly-leads-to-mistrial-2012-09