Although an appellate court upheld the defendant's conviction, finding Juror No. 7’s conduct harmless, appellate attorney Linda C. Rush disagreed:
"The problem with his blog was, the responses he got were affirming his cynical attitude toward the judge and the process. He created an audience, and during deliberation he was playing to an audience that other jurors didn't even know was there."
Juror antics like this are no longer unusual, according to an article in the current issue of California Lawyer magazine. Judges and attorneys are finding themselves struggling with "how to protect a defendant's Sixth Amendment right to a fair trial when jurors are awash in social media, potentially contaminating the integrity of the proceedings," writes Pamela MacLean:
But how much monitoring is too much? At what point will jurors begin to feel like criminal suspects and balk at serving altogether? And is all this much ado about nothing?Leslie Ellis, a jury consultant with TrialGraphix in Washington, D.C., says she advises her clients to monitor jurors' Facebook, MySpace, or Twitter accounts and blogs during a trial to make sure none are discussing the case outside court sessions. "That's how a lot of jurors have been caught," she says.
Another possible alternative, raised in a case that may soon be taken up by the California Supreme Court, involves making all private social media communications posted by a juror during trial available to defense counsel.
The full California Lawyer article is online HERE.
Related post: Blogging jurors (Nov. 26, 2008)
3 comments:
The modern day life...without technology life is so much boring. Technology here is not only about gadgets...its more about communication and foregoing boredom. But my question is whether phones are allowed in the Courtroom. What if the pretext of Court trial is published without the knowledge of the Court?
How is it not yet standard practice to take away juror's cell phones when they enter the courtroom? I was testifying last month, and when I was on the stand, a juror's phone rang. I was surprised that they didn't get reprimanded by the Court.
There should be no phones on or allowed in a court room. I am surprised that they aren't banned already. With the amount of things you can do online with them now, you can't get an impartial jury when they are googling the stuff on their phones.
Post a Comment