MICHIGAN JURORS PROHIBITED FROM USING ELECTRONIC COMMUNICATIONS
The Michigan Supreme Court has paved the way for other state court systems by banning all electronic communications for jurors on duty. The new rule, announced on Tuesday, extends to modern electronic communication devices, such as iPhones or Blackberrys, and includes text messages, Google searches and Twitter feeds.
The order takes effect September 1, 2009 and requires judges to instruct jurors that they shall not "use a computer, cellular phone or other electronic device with communication capabilities while in attendance at trial or during deliberation. These devices may be used during breaks or recesses but may not be used to obtain or disclose information." Jurors will be further instructed that they "shall not use a computer, cellular phone or other electronic device with communication capabilities, or any other method, to obtain or disclose information about the case when they are not in court..." to obtain "information about a party, witness, attorney or court officer; news accounts of the case; information collected through juror research on any topics raised or testimony offered by any witness; information collected through juror research on any other topic the juror might think would be helpful in deciding the case."
These rules complement an older, standard instruction that jurors shouldn't discuss the case with others or read or listen to news reports about the case.
The rule was inspired by prosecutors' complaints that jurors were getting distracted during trials by their cell phones, smart phones and PDAs. Jurors have been reported to be texting during the trial and even digging up their own information about a case and potentially tainting the judicial process.
Charles Koop, the immediate past president of the Prosecuting Attorneys Association of Michigan, believes the new rule will make clear to conscientious jurors that researching the case on their own is not something they should do. Indeed, in fulfilling their service, jurors must deliberate only with the evidence received in open court, not from outside sources or through extraneous communications with outside parties. A federal circuit court held that a presumption of prejudice arises where a juror speaks with a third party about the case or communicates with any person who is associated with, or has an interest in, the outcome of the case.
Josh Marquis of the Board of Directors for the National District Attorney's Association, believes technology is "wreaking havoc" on the justice system and hopes that more states follow Michigan's example. Marquis, a district attorney in Clatsop, Oregon has seen text messages and Google searches by jurors taint his cases. Evidence that would otherwise not be allowed in the trial is being found by jurors who perform simple Facebook or Google searches. These sites "almost invites people to do extrinsic research," says Marquis. Advocates of the new rule, like Marquis, believe that the problem boils down to technology far outpacing the court rules.
Jurors' undivided attention during a trial is of utmost importance. The verdict is, after all, in the hands of the twelve people chosen to serve. In order to come to a just resolution, jurors cannot be distracted by the "noise" from the outside world. There is no question we have a shorter attention span these days, but when serving your civic duty as a juror, the stakes are too high to be inattentive. Some jurors may not realize they are actually doing the justice system a disservice when researching the subject matter, the parties or the attorneys on their own. It seems like this would be a conscientious and proactive thing to do to better understand the case, but in reality, such "research" taints the judicial process. Certain evidence is not supposed to be known by the jurors because of its prejudicial nature. So even if you think you are fulfilling your duty by researching, you are actually creating problems and may even be engaging in activity that could very well be the grounds for a mistrial.
Should you be chosen to serve on a jury, please keep in mind that both parties, in both civil and criminal trials, are entitled to due process of law and a fair and impartial jury. Uphold these constitutional rights by putting your phone away, following the judge's directives, and paying attention.
