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, January 31, 2014
Entire Jury Pool Discharged After Juror Google-searches Defendant
In April 2013 in Cincinnati Ins. Co. v. Omega Flex , a juror Googled the name of the defendant and shared with other jurors that defendant had a $10 million verdict against it in another case. It was actually $1 million. The judge and counsel voir dired several jurors at the bench within sight of the panel. On defense motion, a magistrate discharged the whole jury pool. This and other cases lead me to conclude that a formal hearing in which each juror potentially tainted is questioned should be conducted out of the hearing of the other jurors. An informal bench conference is inadequate. Rushing to get a jury impaneled without a formal hearing is bad practice.
Thursday, January 23, 2014
Juror Researching Penalty Causes Mistrial of Rape Case
Juror said he fell back into old work habits by researching the penalty in the rape case. He disregarded the judge's admonitions, causing a mistrial after a 5-week trial. The poor victim must go through the anguish of testifying once again.
http://seattletimes.com/html/localnews/2022703634_jurorsinternetxml.html
http://seattletimes.com/html/localnews/2022703634_jurorsinternetxml.html
Monday, January 13, 2014
Another Facebooking Juror May Cause Mistrial
Juror's rather innocuous posts on Facebook regarding the trial experience may still be found to have violated the judge's admonitions against discussing the case on Facebook or Twitter. Some people, in fact many people, insist on sharing every detail of their lives on social media even when warned not to by the court.
http://www.katv.com/story/24400542/jurors-facebook-posts-could-cause-mistrial
http://www.katv.com/story/24400542/jurors-facebook-posts-could-cause-mistrial
Tuesday, January 7, 2014
Defendant Entitled to Hearing Regarding Juror's Non-verbal Communications With Husband in Courtroom During Trial
http://www.ca10.uscourts.gov/opinions/11/11-6293.pdf
This link is to a federal decision granting a hearing to defendant following a murder conviction in which the trial court must investigate further a juror's non-verbal communications with her husband in the courtroom audience during the trial. These decisions are becoming more frequent in which the trial judge's failure to conduct a hearing regarding alleged juror misconduct is found to be error.
The harmlessness of a juror's conduct can only be determined after a full-blown hearing.
This link is to a federal decision granting a hearing to defendant following a murder conviction in which the trial court must investigate further a juror's non-verbal communications with her husband in the courtroom audience during the trial. These decisions are becoming more frequent in which the trial judge's failure to conduct a hearing regarding alleged juror misconduct is found to be error.
The harmlessness of a juror's conduct can only be determined after a full-blown hearing.
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