Jury Summons

Jury Summons

Saturday, February 19, 2022

Jurors and Social Media: #People'sPostsPosingPersistentProblems

Introduction: The Problem of Jurors on Social Media

            Over the past fifteen years, the rise of social media has created a growing concern for trial attorneys and for courts. Specifically, sites such as Twitter, Reddit, and Facebook have allowed people to freely share thoughts, ideas, photos, and videos. And while the freedom to share expressions and ideas is a cherished ideal in the United States, it is a major hindrance to the idea of an “impartial jury.”

            The dangers of impartiality not only linger in what a juror could see from other social media users, but problems have arisen out of jurors’ improperly divulging information as the trial and jury deliberations were under way. Such was the case in Arkansas, back in 2011, when a murder charge was overturned because a juror tweeted out “its (sic) over” during the course of the trial.

            In another example of social media impropriety out of Mississippi, a juror posted on Facebook that “I guess all I need to know is GUILTY. lol.” That specific juror also friended a trial witness on Facebook. Luckily for the trial attorneys, the Court of Appeals denied a mistrial; however, the judicial system is certainly not something that attorneys and judges wish to be left up to chance. Indeed, many such instances of juror misconduct on social media do result in a mistrial, as evidenced by a juror/witness exchange in State v. Smith out of Tennessee. In that case, a juror contacted a witness with whom they were familiar to congratulate them on “explain[ing] things so great.” Although the Court of Appeals left the guilty verdict alone, the Supreme Court of Tennessee vacated the decision by stating “[l]ike judges, jurors must be—and must be perceived to be—disinterested and impartial.”

What can the Courts do to Minimize Juror Impropriety?

            So, what can be done to minimize the risk of juror impropriety as it relates to social media? Admittedly, the court cannot control juror activity once they’ve left the courtroom. So the onus is put on each juror to maintain that impartiality. And the courts can certainly drive that point home in a more effective way.

            For example, the Maryland Courts have put together an article for jurors to read that explains what they cannot do on social media during trial, and more importantly, the article gives reasons as to why that is the case. That non-exhaustive list of guidelines provides a useful tool for jurors to read through and take note of the seriousness with which the court takes social media use during a trial. Indeed, it was noted in a Duke Law Review article that jurors are more willing to adhere to the instructions if they are explained why those regulations exist.

            As of 2020, the Federal Courts have proposed a set of Model Jury Instructions that explicitly state the prohibitions on blogging or taking to social media at each stage of the trial. Additionally, within each paragraph, the instructions lay the groundwork for why this is so important. But such instructions are simply a preemptive strike against potential juror impropriety on social media. There is no recourse for the juror’s actual violation of the rules.

            Implementing some form of punishment for the individual juror who fails to adhere to the guidelines appropriately set out prior to trial could provide the courts with a handy way to limit the use of social media. Indeed, a hefty fine would certainly deter such conduct, and the fine would certainly be far less expensive for the judicial system than having the case go through the appellate process as a result of an individual juror’s misconduct. In 2016, California implemented a $1,500.00 fine for any juror caught using social media. But such a fine could further harm the idea of jury service for potential jurors who are already reluctantly appearing for their summons’.

Conclusion: Courts Must Find a Way to Prevent Continuing Problems with Social Media and the Jury

            Regardless of how courts go about preventing improper use of social media during trials, it is very important to make jurors understand why. Such an explanation gives the jurors a better idea of ownership over their actions as they pertain to their service on a jury. And when the jurors take that ownership and decide not to act inappropriately, the entire judicial system is greatly improved. The costs of appeals for juror misconduct would be diminished, and verdicts would be left untouched and unchanged—a result that each party to the trial is always hoping for.


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