In posts on 6-11-12 and 7-18-13 I discussed the high cost of sequestering a jury for an entire trial. Given the high number of mistrials and reversed verdicts due to juror misconduct in the past 10 years, this issue is worthy of reconsideration. A few years ago I was invited to participate in a DOJ panel to discuss juror misconduct and the risks to high profile, expensive federal trials. One conclusion reached was that heightened awareness among the judiciary was necessary. In several high profile cases since that time juror misconduct was alleged and in some resulted in dismissal of a juror:
El Chapo trial
Michigan Governor kidnapping trial
Australian member of parliament rape trial (just posted)
Virginia double murder case 2022 (recent post)
So what are the issues over complete sequestration?
Jurors would try to avoid serving if separated from family, work and Internet access for weeks or months. Some would say anything to avoid serving.
Extreme cost for 24-hour security, hotels, meals, transportation, and blocking access to Internet and monitoring social media. It would be like living on a desert island with a dozen or more strangers and perhaps only given newspapers redacted of any coverage of the trial to keep up with the news of the day.
Jurors who serve may suffer anxiety and emotional distress being separated from loved ones
Weekend release to their homes? Seems reasonable but defeats the whole purpose.
In conclusion, I do not foresee a case where this would occur, except perhaps the criminal prosecution of former federal officials.
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