A post on January 6, 2012, here discussed the need for the judge to anticipate that a juror may want to use a laptop or iPad to take notes during trial. Technology has advanced significantly since that time so this issue needs revisiting. There are several problems with this:
1. The judge cannot tell if the juror is conducting research (unless Internet access is blocked) or communicating with others or is recording the proceedings (this could raise issues if the official record of the court reporter is contested).
2. The distraction to others from the device keyboard. Perhaps this can be ameliorated with a quiet keyboard or a program converting written notes using a stylus that converts it to printed words.
3. Other jurors may observe greater note-taking as some indication that important points of evidence are being presented, while lack of note-taking means the opposite.
4. Jurors' notepads are generally secured in the courtroom by staff when trial is not in session. The juror may not want their device kept at the court, subjecting it to theft or hacking of notes and their personal files. Perhaps each juror could be provide an iPad which they access with their chosen password.
5. The device could be ordered confiscated for forensic examination if there is an issue of juror misconduct such as research. Strongly suggest this only occurs after a hearing where the accused juror has counsel as there are serious issues of privacy.
I'll add others as they occur to me. Some things in trials are best handled the old-fashioned way.
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