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, November 16, 2013
Bibles in the Deliberation Room?
Courts have ruled inconsistently whether Bibles or other religious materials are "extraneous materials" and, therefore, not permitted in the jury deliberation room. LINK: http://law.onu.edu/sites/default/files/Miller%20(FINAL%20PDF%205-17).pdf
Monday, November 4, 2013
Error for Trial Court To Order Plaintiff's Attorney to Remove Content About Prior Trial Successes From Lawfirm Website
The trial judge ordered the plaintiff's lawyer to remove content on the law firm's website which discussed successful similar cases they had tried. The appellate court reversed as "prior restraint" on First Amendment speech. Trial judge was not justified in trying to prevent jurors from accessing the lawyer's website despite judge's admonitions that jurors not do so. This is in the realm of "forbidden fruit," that is, telling jurors not to do something makes doing so more tempting.
http://www.courts.ca.gov/opinions/documents/B235347.PDF
http://www.courts.ca.gov/opinions/documents/B235347.PDF
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