Legal Research

"The Information Gathering Juror"

Bruce Sterling writes: "Last week, a Maryland appeals court upended a first-degree murder conviction because a juror consulted Wikipedia for trial information. [We first posted about it here]. Earlier this year, the appeals judges erased a conviction for three counts of assault because a juror did cyberspace research and shared the findings with the rest of the jury. In a third recent trial, a juror's admission to using his laptop for off-limits information jeopardized an attempted-murder trial.

On Friday, lawyers for Baltimore Mayor Sheila Dixon asked for a new trial in part because five of the jurors who convicted her of embezzlement Dec. 1 were communicating among themselves on Facebook during the deliberations period - and at least one of them received an outsider's online opinion of what the verdict should be. The "Facebook Friends," as Dixon's lawyers call them in court documents, became a clique that the lawyers argue altered jury dynamics.

[Snip]

The issue is not peculiar to Maryland. The American Bar Association noted that in March, an eight-week federal drug trial in Florida ended in a mistrial - not because one juror tattled to the judge that another had resorted to cyberspace searches about the case. After asking all 12 jurors, the judge learned that eight others had Web-surfed, too.

Appeals elsewhere are based partly on jurors' posts on Twitter and Facebook, according to the ABA, with worries about the lack of control and breach of trust."

The active links are available at the source site listed below.

Source: ResourceShelf, 13 December 2009

Full post as published by Stark County Law Library Blawg on December 14, 2009 (boomark / email).