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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."
Jurors need to act responsibly, no question. Twittering on a case in process is irresponsible. As expressed above though, responsibility should also extend to standing up against stupid rules. Example (sorry, can't cite a source): There was a murder case where the victim was stabbed to death and the defendant was found in posession of a bloody shirt with several cuts in it. The defense attorney convincingly demonstrates that the cuts don't match the stab wounds. A juror poses a question. This is obviously very unconventional - but even more unusual, the judge allows it. The juror asks if the cuts match when the victim is curled up in a defensive position. They do. The defendant is convicted. ONLY because a juror spoke up. Another example is video tape of expert testimony that has obviously been edited due to objections by counsel, and then presented without the approval of the expert witness regarding its accuracy as edited. Which of course renders it useless as expert testimony, but it's admitted anyway. Damn the rules. Jurors, and all those involved for that matter, need to do the right thing. Maybe causing a mistrial is the most responsible thing you can do.