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Should Smartphones Be Allowed In Court?
coondoggie writes "Federal courts have been debating how much freedom users of smartphones and portable wireless devices in general should have in a federal courthouse. Some say they should be banned outright, while others say they should be allowed, but their use curtailed (PDF). Unregulated use of smartphones has resulted in mistrials, exclusion of jurors and fines in some case."
No different then cameras or other recording devices in most courts.
Leave them at the door.
---- Booth was a patriot ----
How can it be less clear? The whole point of a trial is that the jury does NOT have unfettered access to information.
First and most obvious are the rules of evidence - if you are on trial, do you want the jury to have access to the results of an illegal search that just happened to be 'leaked'? Do you want the jury to search the papers and find that you have been charged with the same type of offense before?
Next is the constitutional right to confront your accuser. A juror looking up information on his own is not giving the defense a chance to rebut the information. Also, the defense (or even the prosecution) would not have prior knowledge of what things a juror was looking up, so they would not have time to prepare a proper rebuttal (get expert witnesses, etc).
Giving jurors access to information outside the courtroom is just an awful idea.
As others have pointed out in the past, though I can't remember where, the entire jury experience is miserable because jurors are the only part of the system that has no control or way to influence future behavior - judges have immense control over lawyers appearing before them, of course, but the lawyers also have some feedback into the system, while no jury can "punish" a judge or lawyer for misleading them.