Judge Lewis Kaplan in "Carroll v. Trump" has ordered an anonymous jury and special transportation of jurors with security detail to keep them safe. The judge also warned the selected jurors against using their names even among themselves during deliberations. The reasons are obvious. Disclosure of jurors' identities on social media could result in intrusive, and possibly threatening, media coverage and threats to members of their families. It will be interesting to see if any juror violates the judge's instructions about social media and Internet research. Also what media attention they receive after rendering a verdict. Jurors are relieved of their oath of confidentiality after the verdict is announced, however they are not required to speak to anyone about the case, including reporters. I will be surprised if the jury is not sequestered during deliberations, for their own safety AND so that a mistrial is avoided due to contact with non-jurors.
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, April 28, 2023
Friday, April 7, 2023
Trial Court Denial of Forensic Examination of Juror's Phone Upheld
Updating 7-29-22 posting: In September 2022 the 6th Circuit Court of Appeals upheld the trial court's refusal to order a forensic examination of a juror's phone. The juror was on her phone posting on Facebook during deliberations including photos of fellow jurors. Deliberations ultimately resulted in the conviction of the former Cincinnati city councilman of attempted extortion and bribery. The appellate court had concerns over the jurors' privacy, constitutional rights and willingness to serve. The trial court had determined that the postings did not indicate the juror was affected by outside influences. The postings during jury selection and deliberations were private and viewable only by her friends.
https://www.opn.ca6.uscourts.gov/opinions.pdf/22a0220p-06.pdf