February 20, 2013

Using the Internet to Violate Judges’ Orders

The internet and social media have become primary portals through which people find and share information. A recent NY Daily Record article discusses the effect of internet and social media use on the courtroom.

The article notes that when a juror violates judicial orders by researching a case online, the violation is easier to prove because internet use leaves a digital trail. It cites a Florida case where a reggae star’s defense counsel brought a motion seeking a new trial after a juror was quoted as saying that during the trial she took notes and did research at home. The Florida judge instructed the juror to retain counsel and ordered her to bring her computer or its hard drive to an upcoming hearing.

The article questions whether a juror could be excessively penalized for violating a judge’s orders through the use of a computer instead of a newspaper or encyclopedia.