Jurors heeding judges’ requests not to use social media

July 31, 2014
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Nearly 500 federal judges responded to a request by the Federal Judicial Center to report on how frequently jurors used social media to communicate during trials and deliberations over the past two years. The judges’ response: not that often.

 Of the 494 District Court judges who responded to the survey, only 33 reported instances of detected social media use by jurors during trial or deliberations. And of those who reported social media use, 97 percent said it was used by a juror in only one or two cases. Facebook topped the list cited by judges; one judge reported a juror attempted to “friend” a participant in the case.

And the survey also reveals that it’s usually not the judge who’s catching the social media violation; it’s another juror, an attorney or court staff typically reporting the use of social media.

The number of jurors who used social media recently isn’t that far off from the number reported in 2011. There were only 30 reported uses of social media that year, in which 508 judges responded to the survey.

The reason for the small number of occurrences could be attributed to the steps the judges have taken to explain to jurors why they are not to use social media in the courtroom. Nearly 75 percent have explained in plain language the reason behind the social media ban and nearly 70 percent instructed jurors at multiple points throughout the trial. Two percent of the judges said they required jurors to sign a statement of compliance or written pledge agreeing to refrain from using social media while serving on the jury.

A very small percentage – 4 percent – reported they have not specifically addressed jurors’ use of social media.

This year’s survey also asked about social media use by attorneys during voir dire. The majority responded they did not know the number of trials – if any – in which attorneys have used social media. Only 25 judges indicated they knew attorneys had used social media in at least one of their trials. Based on those judges’ responses, it appears attorneys are using Facebook, Google and LinkedIn profiles the most to check up on prospective jurors.

Another interesting find from the survey: 25 percent of the judges who responded to a question on allowing attorneys to use social media during voir dire said they forbid it. About five percent of judges specifically permit it, with the majority saying they don’t address the issue with attorneys before voir dire.

The American Bar Association issued a formal opinion in April recommending attorneys do not message a juror or try to gain access to a juror’s private account before or during a court proceeding.
The complete report is available on the Federal Judicial Center’s website.
 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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