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.
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