Model Jury Instructions in the Age of Social Media Influence

According to the Pew Research Center, roughly seventy-two percent of Americans use social media. Indeed, some self-reported data shows that YouTube and Facebook remain the most popular social media platforms. But with the rise of the sheer number of devices and social media platforms, so too has the frequency of juror misconduct (Juror Research Highlights, page seven). In the age of social media, what can courts do to curb juror misconduct? One answer is the education based avenue. The rationale being if juries fully understand the justification for refraining from social media use, then juries will follow the social media restriction instruction.

In 2020, in response to the increase in social media usage, the federal judiciary committee recommended that judges use the updated model jury instructions with improved social media precautions. There are some of the key differences in the new version compared to the 2012 version which are outlined below. 

Key Changes to the Model Jury Instructions

Judges are encouraged to give reminders to the jury about social media restrictions throughout the trial, rather than just at the beginning and end of the trial. This recommendation seems most warranted and is supported by data. For example, the research highlight (page five) by the National Center for State Courts found that repeated admonitions to the jury regarding social media restrictions improved effectiveness. But to be effective, the judge must continually remind the jury about the social media restriction. If the goal is to ensure an uninfluenced jury, then courts must continually remind the jury of the social media restriction. 

Another change to the model jury instructions is inclusion of the rationale for the restriction. Explaining to the jury, why they are restricted in social media use. For instance, the new instructions include the following instruction:

Persons, entities, and even foreign governments may seek to manipulate your opinions, or your impartiality during deliberations. While accessing your email, social media, or the internet, through no fault of your own, you might see popups containing information about this case or the matters, legal principles, individuals or other entities involved in this case. Please be aware of this possibility. 

Explaining the rationale of the social media restriction to the jury appears to be one of the stronger methods (page five) to ensure jury compliance. But the data from the research shows that taking any of the possible social media precautions was at least somewhat effective. 

Particularly important is the new model jury instructions provide updated examples of the social media which jurors are prohibited from communicating. The 2012 version had social media examples which were no longer in popular use. But the updated 2020 version gives modern examples of social media apps such as, "Twitter, Facebook, Instagram, LinkedIn, YouTube, WhatsApp, and Snapchat."

Why is it Important to give a Social Media Restriction Instruction?

A 2013 study illustrates the potential jury confusion regarding social media. The study showed that roughly a quarter of jurors did not understand what they were or were not allowed to do online. Thus, perhaps the updated model instructions, if used by judges, will create clarity for Americans serving on the jury for social media restrictions. The full set of model jury instructions can be found here.