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Internet-Caused Mistrials Are On the Rise

Posted by kdawson on from the jurors-with-blackberrys dept.

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."

4 of 414 comments (clear)

  1. GOOD, the system is wrong anyway! by Anonymous Coward · · Score: -1, Troll

    GOOD!!

    Don't be fooled by the "shame on you" spin of this story, the fact is that allowing judges to decide what is and isn't admitted into evidence is UNCONSTITUTIONAL. They just don't want you to know that.

    You see, our system actually practices and enforces Admiralty Law, the law of ships at sea, not Civilian law as it should be. The Constitution says that judges are not SUPPOSED to decide what evidence is heard, only decide guilt or innocence of the accused.

    The ability of Judges to cherry-pick which "truth" gets heard in trials is 100% due to the military-style justice system we have had imposed on us since the late 1800's, when the US Civil Flag stopped being flown over statehouses. Old Glory is our flag too, but it's the Battle Flag of our Republic, and it stands for military rule.

    Read up on the subject (Google "US Civil Flag"), and you'll never see the inside of a courtroom the same way again.

    I, for one, welcome this measure of TRUE freedom-spreading and the Internet-enabled Truth Overlords it empowers.

    1. Re:GOOD, the system is wrong anyway! by BitZtream · · Score: 0, Troll

      I think you need to re-read the parts of the constitution you are refering to, preferanbly without the anti-judge prejudice you so clearly have. Did a judge rape you or something?

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  2. Re:Easy solution by JustOK · · Score: 1, Troll

    Yes. Yes you did. It happened almost 8 years ago.

    --
    rewriting history since 2109
  3. Re:It's not the internet - it's morons by Anonymous Coward · · Score: -1, Troll

    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.

    Good try, but next time just admit the mistake and go on. Making up a convoluted story to save face just makes you look more stupid.