A prospective juror conducted Internet research and discussed the case with other jurors despite the judge's written admonitions, was excused and now faces jail.. It is a death penalty case in Florida.
Link http://www.tampabay.com/news/courts/criminal/hillsborough-judge-vows-to-send-prospective-juror-to-jail/1255802
Monday, October 22, 2012
Monday, October 15, 2012
National Center For State Courts Releases Study of Jury Use of New Media
The authors of the report acknowledge that it was a small sample and that those jurors surveyed may not have been willing to disclose violations of the judges' admonitions regarding social media and the Internet. Still, they drew these interesting conclusions (at p. 7):
1. Few jurors reported committing misconduct of any kind-- with the Internet, friends or families
2. A substantial portion of the jurors could not recall that the judge had given an admonishment about new media use or incorrectly believed such searches were permissible
3. A sizable proportion of actual and prospective jurors indicated a desire to use the Internet to obtain information relevant to the trial
4. A significant proportion indicated they would be unable to refrain from Internet use for the duration of the trial.
The authors recommend further study of these issues.
LINK http://www.ncsc-jurystudies.org/What-We-Do/~/media/Microsites/Files/CJS/New%20Media%20Study/NCSC-Harvard-005-Juror-and-Jury-Use-of-New-Media-Final.ashx
1. Few jurors reported committing misconduct of any kind-- with the Internet, friends or families
2. A substantial portion of the jurors could not recall that the judge had given an admonishment about new media use or incorrectly believed such searches were permissible
3. A sizable proportion of actual and prospective jurors indicated a desire to use the Internet to obtain information relevant to the trial
4. A significant proportion indicated they would be unable to refrain from Internet use for the duration of the trial.
The authors recommend further study of these issues.
LINK http://www.ncsc-jurystudies.org/What-We-Do/~/media/Microsites/Files/CJS/New%20Media%20Study/NCSC-Harvard-005-Juror-and-Jury-Use-of-New-Media-Final.ashx
Tuesday, October 9, 2012
Prosecutors Move Court to Order Defendant's Supporters to Close Website
One of my greatest worries in a criminal case is that a juror will disregard my admonitions not to conduct Internet research and will find a website constructed by the Defendant or their supporters. Here is a link to a motion filed by prosecutors for an order requiring the Defendant's website (Justice for Reeco) to be closed. The Defendant was charged with auto theft but his website primarily concerns his lawsuit against the police for injuries suffered as a passenger in a fiery collision at the end of a high speed chase in Maryland. Lots of evidence posted on the website.
http://www.justiceforreeco.com/wp-content/uploads/2012/10/Richardson-Motion-to-Compel-Website-Closing.pdf
http://www.justiceforreeco.com/wp-content/uploads/2012/10/Richardson-Motion-to-Compel-Website-Closing.pdf
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