Jury service is an important element of civic participation but necessarily involves hours of waiting and quiet observation of proceedings, evoking for some a hunger for expression or quick entertainment. Smartphones, with easy social networking capabilities, give jurors an avenue to let off steam but also to disobey the court’s instructions and discuss elements of the case before the trial is complete. A juror who comments about a case on the internet may invite responses that include extraneous information about the case or efforts by social media "friends" to exercise persuasion and influence, potentially marring the integrity of the proceedings or causing a mistrial.

To be sure, it is difficult for judges simultaneously to conduct a trial and police jurors, who, for the most part, consider social network activities to be their own business. Judges repeatedly remind jurors not to use social media to communicate with outsiders during the trial or deliberations, and at certain times judges have confiscated electronic devices in the courtroom.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]