Friday, November 30, 2012

"Guilty As Tweeted": Australian Lawyer's Scholarly Article on Jurors and Social Media

Link is to abstract, with additional link to the entire article:

http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2176634&download=yes

The article is lengthy and detailed, but one suggestion from the author is that the court confiscate phones during the trial day.  I oppose such action because (1) court administrators likely won't want responsibility for electronic devices, fearing claims someone's phone was stolen or tampered with; (2) it will have the adverse effect of encouraging juror inquiry on social media and the Internet when not in trial.

Friday, November 2, 2012

Deliberating Juror Using Pseudonym May Be Charged With Felony for Comments on Newspaper Website

A deliberating juror who may have made comments on a newspaper website under a pseudonym (BePrepared) may face felony charges.
Link:  http://stlouis.cbslocal.com/2012/10/31/judge-orders-kan-newspaper-to-reveal-name-of-commenter/

In another case a Facebooking juror was NOT requested by the attorneys to be excused where her comments were rather innocuous.  But since she was withdrawn from the jury room for questioning by the judge, it is likely many of the jurors will go on Facebook that evening to see what she said.

Link  http://www.wacotrib.com/news/176706161.html