Internet-Caused Mistrials Are On the Rise

The NYTimes is running a tip-of-the-iceberg story about how the age of Google is resulting in more mistrials as the traditional rules of evidence, honed over many centuries, collide with the always-on Internet. Especially when jurors carry the always-on Internet in their pockets. (We discussed one such case recently.) "The use of BlackBerrys and iPhones by jurors gathering and sending out information about cases is wreaking havoc on trials around the country, upending deliberations and infuriating judges. ... Jurors are not supposed to seek information outside of the courtroom. They are required to reach a verdict based on only the facts the judge has decided are admissible, and they are not supposed to see evidence that has been excluded as prejudicial. But now, using their cellphones, they can look up the name of a defendant on the Web or examine an intersection using Google Maps, violating the legal system's complex rules of evidence."

Comments

Re:It's not the internet - it's morons

[lymond01]

How do you blame technology for some jackass failing to take his civic responsibility seriously?

With technology, he's a more efficient jackass.

So.. you're telling me that by reading /.

[DirtyUncleRon69]

I can get out of jury duty?

Re:So.. you're telling me that by reading /.

[Shakrai]

Only if you were sitting on a jury judging a RIAA trial or Hans Reiser ;)

Re:It's not the internet - it's morons

[Reality Master 201]

No, actually, what I meant was "their stupid."

I didn't want to say that the internet makes it easier for them "to display that they are stupid" which is the paraphrase for your "correction." I was using "their stupid" as a replacement for "their stupidity." I'm making use of a language in a slightly non-standard way, as a conscious decision.

Thanks, though.

Re:Easy solution

[gclef]

you're not allowed to do anything

Of course you are...they just don't want you to know that you are. (Hint: google "jury nullification" some time.) (Hint #2: those two words are a really fast way to get thrown off a jury.)

Re:Easy solution

[DrVomact]

Last time I reported for Jury Duty they wouldn't even let me bring an iPod into the building, let alone anything with Internet access...I guess it's a state-by-state thing.

You're right, it's definitely worse here in Texas. Last time I was on a jury, they wouldn't let me bring my gun into the courthouse.