No Talking, No Texting, No Tweeting

A committee of the Judicial Conference of the United States has endorsed a set of model jury instructions for district judges to help deter jurors from using cell phones, computers or other electronic technologies during their jury service.

The Committee on Court Administration and Case Management “developed these instructions to address the increasing incidence of juror use of such devices as cellular telephones or computers to conduct research on the Internet or communicate with others about cases,” wrote Judge Julie Robinson, committee chair, in a memo to district judges. “Such use has resulted in mistrials, exclusion of jurors, and imposition of fines.”

Federal and state court judges have been struggling with the issue, and many are now instructing juries to avoid using technology for case research. There is no uniform standard across the country for jurors in state trials, according to the National Center for State Courts.

The suggested federal instructions inform jurors that they may not use those technologies in the courtroom, in deliberations or outside the courthouse to communicate about or research cases on which they are serving.

 “The committee believes that more explicit mention in jury instructions of the various methods and modes of electronic communication and research would help jurors better understand and adhere to the scope of the prohibition against the use of these devices,” explained Robinson.

In case you haven’t seen the federal jury instructions, they follow:

Before Trial:

You, as jurors, must decide this case based solely on the evidence presented here within the four walls of this courtroom. This means that during the trial you must not conduct any independent research about this case, the matters in the case, and the individuals or corporations involved in the case. In other words, you should not consult dictionaries or reference materials, search the internet, websites, blogs, or use any other electronic tools to obtain information about this case or to help you decide the case. Please do not try to find out information from any source outside the confines of this courtroom.

Until you retire to deliberate, you may not discuss this case with anyone, even your fellow jurors. After you retire to deliberate, you may begin discussing the case with your fellow jurors, but you cannot discuss the case with anyone else until you have returned a verdict and the case is at an end. I hope that for all of you this case is interesting and noteworthy. I know that many of you use cell phones, Blackberries, the internet and other tools of technology. You also must not talk to anyone about this case or use these tools to communicate electronically with anyone about the case. This includes your family and friends. You may not communicate with anyone about the case on your cell phone, through e-mail, Blackberry, iPhone, text messaging, or on Twitter, through any blog or website, through any internet chat room, or by way of any other social networking websites, including Facebook, My Space, LinkedIn, and YouTube.

At the Close of the Case:

During your deliberations, you must not communicate with or provide any information to anyone by any means about this case. You may not use any electronic device or media, such as a telephone, cell phone, smart phone, iPhone, Blackberry or computer; the internet, any internet service, or any text or instant messaging service; or any internet chat room, blog, or website such as Facebook, My Space, LinkedIn, YouTube or Twitter, to communicate to anyone any information about this case or to conduct any research about this case until I accept your verdict.

Comments

[Timothy P. Flynn]

This jury instruction is a very good idea. There is so much information at everyone's fingertips, literally. As a litigator, I want at least the ground rules, the concept, to be explained about how cases should be decided on the facts presented in court, not what a juror thinks about the subjects or the names involved in the case. Juror's could easily have their minds swayed by what's out there on the Internet. Also agree with the above comment that jurors must be instructed why they are restricted from accessing information about the case from outside the courtroom.

[Rita Handrich]

We have a thorough article in The Jury Expert that reviews what happens when the internet/social media come to court and recommendations on how to effectively minimize their intrusion. I think (like Steven Levy) we HAVE to educate jurors as to the WHY of these ideas to have them take the issue seriously.

See the Jury Expert article here: http://www.astcweb.org/public/publication/article.cfm/1/21/6/Why-Jurors-Turn-to-the-Internet

[Lisa]

I agree with the decision for no technology; while serving on a jury. The facts of the case should be presented in a court of law, and the juror should remain unbiased. With twitter, facebook, and others; how can a juror focus on the facts of the case.

[Steven Levy]

The problem with these model instructions is that they don't say why jurors shouldn't use these tools. If jurors don't understand, they'll think the restrictions silly and possibly ignore them -- and they'll continue to dislike serving as jurors.