What It Means to Be a Juror Today

Technology

jury technology originalOur culture values being connected 24 hours a day, but when it comes to the courtroom, this constant connection can have detrimental effects. Courts around the country are struggling to keep jurors from tweeting, blogging, using cell phones, and researching details of their case on the internet, behavior which can jeopardize the integrity of the judicial process.

Juror Misconduct in the Digital Age

In every state, jurors are given instructions as to how to behave in and out of the courtroom for as long as they serve on the jury. Disobeying the instructions can lead to accusations of “juror misconduct.” Many states have “jury pattern instructions,” a template that details the duties and limitations of a juror’s behavior. Though they vary by state, they essentially say the same thing: a juror must make a judgment about the case based only on the facts shown at the trial, and should not make their decision based on anything discovered outside the courtroom. They should avoid reading about the trial or discussing it with anyone who is not involved in the process – not even family members.

When juries are sequestered, as in the current George Zimmerman murder trial, that’s easy enough to do. Sequestered jurors have limited access to email, internet, and phones. But in the majority of cases, where juries are not sequestered, it’s not so easy, especially when people have gotten used to having information at their fingertips. In the past, a juror might have discussed the details of the case over the dinner table that night, and that was that. Now, they can easily tweet, blog, or Facebook their courtroom experience step-by-step. They can research an unknown legal or medical term online, or look up the site of the crime using Google Earth. Although seemingly harmless, these actions can have serious consequences.

One juror was fined $500 for researching legal terms on the internet. In Sarasota last year, a juror was held in contempt of court and received a 3-day jail sentence after trying to friend the defendant on Facebook. A manslaughter conviction was overturned when it was discovered that a juror had looked up a word in an online dictionary. Dozens of similar cases have been found that resulted in mistrials or challenged verdicts, according to a 2010 Reuters investigation into juror “digital disobedience.” Juror misconduct can affect the individual, the outcome of the trial, and the taxpayer, who foots the bill for wasted court time, and slows down the already-overburdened court system.

Jurors Need Detailed Instructions

It’s left up to the states to determine the jury instructions, and judges have discretion to determine behavior in their own courtrooms. Some have banned smartphones entirely, while others allow them to be used during breaks. Many courts are finding it necessary to give highly detailed instructions to prevent jurors from using their gadgets. In 2009, TV personality Al Roker tweeted pictures from the courthouse when he was called for jury duty and was publicly criticized. No one told him he could take pictures – but no one told him he couldn’t. In another case, a woman blogged about her jury selection experience in detail, because although she was told not to tweet, she was not told to avoid blogging.

To stop this from happening, one courtroom in New Jersey goes so far as to list specific models and methods of communication, so there is no confusion: jurors are told specifically not to use a “telephone, cell or smartphone, BlackBerry, iPhone, PDA computer, the internet, email, any text or instant message service, any internet chat room, blog or website such as Facebook, MySpace, YouTube or Twitter” to discuss the case.

To prevent juror misconduct related to digital communication, courts need to explicitly state what jurors and potential jurors can and can’t do, from the earliest moment possible. Jurors must also be informed of the consequences for themselves and for the case as a whole if they engage in misconduct. If they know that they face fines or jail time, they might be more likely to put down the phone.