Monday, August 24, 2015

"Mindless Digital Interaction" Doesn't Result in Mistrial in Murder Trial

Check out the judge's comments about "mindless texting."
Continues to amaze me that jurors either don't listen to the judge's admonitions about using devices during trial or simply don't care.  And why are the trials mostly murder trials?  Perhaps the jurors are enjoying what they perceive is celebrity status.  Perhaps the father's text could result in a reversal on appeal.  Watch for more on this in the future.
Link:
http://www.abajournal.com/news/article/judge_blames_mindless_digital_interaction_for_juror_texts_during_murder_tri/

Monday, August 3, 2015

Judges: Be Aware of a Possible Weak Link in Your Social Media Control Over Jurors

As a result of budget restraints some courts have little or no bailiff support.  Others may have bailiffs who have been poorly-trained or are inexperienced.  We judges need to be vigilant about the support staff interacting with jurors throughout the trial, particularly during deliberations.  There are many cases where bailiffs have given dictionaries or other resources to jurors during trial deliberations, resulting in mistrial.  Bailiffs must be trained to also be vigilant about jurors accessing electronic devices during trial.