Matt LeMieux

11 May 2016

The Impact of Social Media on Juries

This is not the first time the topic of the Internet and juries has been discussed here on this blog (see here, here, and here). But it is the first time that I am reporting about an effort to punish jurors who use social media while serving on a jury. A few weeks ago the AP reported that officials in California has considering ways discourage jurors from engaging in "internet research" or tweeting about a trial while it is in progress:
Legislation supported by state court officials would authorize judges in some counties to fine jurors up to $1,500 for social media and Internet use violations, which have led to mistrials and overturned convictions around the country.
As jurors and judges have become more technology savvy in recent years, the perils of jurors playing around with their smartphones have become a mounting concern, particularly in technology-rich California. A 2011 state law made improper electronic or wireless communication or research by a juror punishable by contempt. 
Supporters of the latest California measure say a potential fine would give teeth to existing prohibitions against social media and Internet use and simplify the process for holding wayward jurors accountable.
As you will see if you read the rest of the article, this proposal is rather controversial.