Monday, September 3, 2012

Revised federal model jury instructions address use of social media, Internet research

Last week, model jury instructions were released in an attempt to deter jurors from using social networking websites during trial.

"The judges recommended that jurors frequently be reminded about the prohibition on social media before the trial, at the close of a case, at the end of each day before jurors return home, and other times, as appropriate," said Judge Julie A. Robinson, chair of the Conference Committee on Court Administration and Case Management.

The new instructions include provisions warning jurors not to use the Internet for either research or communication throughout the trial.

Relevant parts of the instructions for before the trial read:
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.
...
I know that many of you use cell phones, Blackberries, the internet and other tools of technology.  You also must not talk to anyone at any time 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, including Facebook, Google+, My Space, LinkedIn, or YouTube.  You may not use any similar technology of social media, even if I have not specifically mentioned it here.  I expect you will inform me as soon as you become aware of another juror’s violation of these instructions.
 Full instructions - including close of case instructions - can be read here.

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