Combating Jurors' Improper Internet Usage and Winning

http://ow.ly/7hHYb

An article by Robin H. Jones and H. Eli Lightner II appearing on the ABA website on the Section for Litigation - Commercial and Business webpage.

This article provides a comprehensive look at cases in which juror misconduct was a concern, and allegations of misuse of the internet by jury members was alleged.

The article discusses social media and internet use by jurors and states, "As social creatures, humans instinctively want to share experiences and communicate with one another. During jury duty, however, jurors are asked to abandon this desire. Some have a hard time doing so, and the accessibility of the Internet provides these jurors with an easy outlet."

There are several case examples discussed where trial results were challenged based on jury comments made on the internet.  In addition, there are examples cited where jurors used the internet to do research about facts pertaining to the case, and then discussed such information during deliberations.

One of the interesting cases discussed in the article was, "Perhaps one of the more egregious instances of extrajudicial juror investigation was a taser death case in which two jurors read on the taser manufacturer’s website that tasers are nonlethal. See Andrew Wolfson, Taser Death Verdict Challenged Over Juror’s Conduct, Louisville Courier-Journal, Jan. 9, 2010, available at 2010 WLNR 795830. As one would expect, when the court learned that the jurors swayed their fellow jurors with this information, the verdict exonerating the police officer defendant was set aside."

The article provides some input and suggestions regarding how the court system can limit jury misconduct of the nature discussed in this article.  The article states, "Some jurisdictions are taking a hardline approach to juror misconduct relating to Internet usage. For instance, New York has enacted laws placing a juror in contempt for improper Internet usage. N.Y Jud. Law § 753(A)(6)."