The problem of jurors on social media is not theoretical.
Judges are becoming familiar, too, with
problems of jurors communicating with the outside world and conducting their own research via their Blackberries, smart phones and other devices.
Not exact matches
In the afternoon,
jurors saw documents
problem from the Percoco's bank and mortgage accounts that shows the purchase
of an $ 800,000 house in Westchester and $ 7,500 in monthly payments made to Lisa Percoco from the power company, Competitive Power Ventures, through a third - party conduit.
«Basically, he thought he was going to die in prison,» Linda Mangano's attorney, John Carman
of Garden City, said, telling
jurors: «Singh's honesty
problem is relevant to your analysis
of the case.»
In the afternoon,
jurors saw documents
problem from the Percocos» bank and mortgage accounts that shows the purchase
of an $ 800,000 house in Westchester and $ 7,500 in monthly payments made to Lisa Percoco from the power company, Competitive Power Ventures, through a third - party conduit.
The judge, Valerie E. Caproni
of Federal District Court, said a number
of jurors» answers suggested that they had had a
problem with what they had read about the former speaker.
I just want the record to reflect, I guess, to be blunt, [the
juror], for whatever reason, had some very bad, I guess to be blunt again, body odor, which was extremely strong, and I was able to detect in my lobby, as was the clerk, which is a personal matter for that potential
juror, but for the fact that her personal
problem was [
of] such a magnitude that other
jurors who had already been picked... either by act or words had indicated discomfort with that
problem.
You are probably not surprised to learn that the Ninth Circuit punted on this part
of the
problem and will leave it to lower courts — the ones actually stuck dealing with juries — to figure out how on earth to ensure gay and lesbian
jurors are not unfairly struck from a jury while not accidentally requiring those same
jurors to out themselves.
The
problem with this technology at this point though is the intrusive nature
of it: you must convince a judge to let
jurors wear special glasses or other hardware to make it work.
That solves part
of the
problem, in that you know you can't raise a Batson challenge unless the struck
juror is obviously and voluntarily out.
The Chief Judge recognized that there has always been a
problem in patent litigation in that the average
jurors on patent cases are simply not familiar with the intricacies
of patent law and that educating them is a burden for the federal judges that handle patent cases.
Put a different way, the root
of the
problem is that
jurors tend to believe that punitive damages are not deductible, even though they are.
Despite anecdotal evidence
of jurors misbehaving when using the Internet and social media (for instance, the recent article on Slaw English Court Jails
Juror Who Used Internet Search), a recent survey
of members
of the U.S. federal judiciary reveals that the
problem appears less widespread than many assume.