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California Jurors Could Face Fines for Googling
NBC Los Angeles ^ | 4/25 | Sudhin Thanawala

Posted on 04/25/2016 4:26:52 PM PDT by nickcarraway

Jurors who threaten to derail trials by researching them on Google or posting comments about them on Twitter are often dismissed with nothing more than a tongue-lashing from a judge. But that may soon change in California. Legislation supported by state court officials would authorize judges in some counties to fine jurors up to $1,500 for social media and Internet use violations, which have led to mistrials and overturned convictions around the country.

As jurors and judges have become more technology savvy in recent years, the perils of jurors playing around with their smartphones have become a mounting concern, particularly in technology-rich California. A 2011 state law made improper electronic or wireless communication or research by a juror punishable by contempt.

Supporters of the latest California measure say a potential fine would give teeth to existing prohibitions against social media and Internet use and simplify the process for holding wayward jurors accountable.

"It's disruptive of the judicial process, and there ought to be a fairly simple and convenient way for a judge to sanction a juror based on the order that the judge has given," said Assemblyman Rich Gordon, D-Menlo Park, who authored the legislation.

But critics question whether it will have any practical effect on jurors who are constantly on sites such as Facebook and Twitter and suggest judges vet the social media activity of potential jurors before seating them.

"If you have an Internet addict who just can't psychologically stop, you may want to excuse that person," said Paula Hannaford-Agor, who studies juries at the National Center for State Courts.

Brian Walsh, a judge in the Silicon Valley county of Santa Clara, said a fine could also change the dynamic between judges and juries.

"You want to present the jurors' obligations to serve as an inviting opportunity to participate in the democratic process," he said. "One could consider it counterproductive to be laying out all the penalties a juror can incur if they blow it."

It is not clear exactly how many times juror social media or Internet use has affected trials. But anecdotal evidence suggests it is more than sporadic.

Eric Robinson, co-director of the Press Law and Democracy Project at Louisiana State University, said he used to track cases of juror social media or Internet misconduct using news accounts and other sources, but there were so many "it got to be more trouble than it was worth."

"Those are the ones we hear about," he said. "I'm sure it happens a lot more."

An Arkansas court in 2011 threw out a death row inmate's murder conviction in part because of Tweets. One said "Choices to be made. Hearts to be broken." Another said "It's over" less than hour before the jury announced its verdict.

A New Jersey appeals court in 2014 tossed the heroin possession conviction of two men after a juror was accused of searching the defendants' names online and finding information about their criminal records.

A California appeals court in January cited juror Internet research in throwing out a fraud conviction against an investment firm CEO. The juror looked up a case involving an accountant the defendant blamed for the fraud.

Judges warn jurors against using social media and the Internet, and have the power to hold them in contempt if they violate those rules.

Greg Hurley, a lawyer who studies juries at the National Center for State Courts, said he is unaware of any state that fines jurors outside the contempt process.

California judges say the contempt process can be time consuming and is rarely invoked. A juror facing contempt has a right to an attorney, and the court could get bogged down in a lengthy formal hearing. So judges often opt to replace a wayward juror with an alternate to keep the proceedings moving.

"Historically, contempt has been something judges are told, `Don't do,"' said J. Richard Couzens, a retired judge from California's Placer County who now rotates through courts around the state. "You have to follow so many rules to institute a contempt process."

Couzens, a member of the judicial committee that recommended the fines legislation, said he dismissed a juror years ago in a theft case for using a cellphone to figure out the value of a stolen item.

The fine would be similar to a traffic citation, making it relatively easy to dispense, Couzens said.

Judges could mention it when warning jurors against Internet and social media use, said Steve Austin, presiding judge in California's Contra Costa County. "At the very least with the sanction, it would be a good thing you'd be able to tell the jurors," he added.

The legislation initially called for giving all state judges the power to fine wayward jurors. But it was scaled back after legislators expressed concern that it could dissuade potential jurors from serving.

The bill now authorizes the judiciary to select some county courts for a five-year pilot program, which a legislative analysis said could save participating courts money. It is before the full assembly.


TOPICS: Crime/Corruption; Extended News; Government; News/Current Events
KEYWORDS:

1 posted on 04/25/2016 4:26:52 PM PDT by nickcarraway
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To: nickcarraway
They can also be fined for thinking, as I understand it.

And for remembering... you don't want to know.

2 posted on 04/25/2016 4:28:30 PM PDT by Steely Tom (Vote GOP: A Slower Handbasket)
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To: nickcarraway

Now THERE’s a law I could get behind! :{)


3 posted on 04/25/2016 4:28:56 PM PDT by gorush (History repeats itself because human nature is static)
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To: nickcarraway

Sat through a trial as a juror. Totuously boring. Both attorneys seemed to go out of their way to put the jury to sleep.


4 posted on 04/25/2016 4:31:42 PM PDT by gunsequalfreedom
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To: nickcarraway
Never sat on a jury, although my wife has. I was senior officer on a court martial once. I'd welcome an opportunity to compare the two.

However, both the defense and the prosecution are trying to build a case, letting the jury know only what they want the jury to know. Jurors who get additional information via social media are disrupting the case-building efforts of both defense and prosecution.

I'm not sure whether that's good or bad. However, if they're watching their iPhones instead of listening to the testimony, that's bad.

5 posted on 04/25/2016 4:38:12 PM PDT by JoeFromSidney (,)
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To: JoeFromSidney

What does being a senior officer on a court martial entail?


6 posted on 04/25/2016 4:41:52 PM PDT by nickcarraway
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To: nickcarraway
California Jurors Could Face Fines for Googling

Do you suppose there's a reason jurors are acting up?

7 posted on 04/25/2016 4:45:48 PM PDT by Navy Patriot (America, a Rule of Mob nation)
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To: JoeFromSidney
Jurors who get additional information via social media are disrupting the case-building efforts of both defense and prosecution.

Well, don't you think it would be a non-issue if these cases were built/presented quickly and as simply as possible?

One reason for the "speedy trial" in the sixth amendment is to confine the damages that the state can do to a citizen [or company] by pulling them through endless litigation -- but another, arguably, is so that jurors can "get in and get out" doing their job and returning to their homes/businesses instead of having huge blocks of time constantly cut out of their schedule.

8 posted on 04/25/2016 4:52:27 PM PDT by Edward.Fish
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9 posted on 04/25/2016 4:59:57 PM PDT by DoughtyOne (Hey Ted, why are you taking one for the RNC/GOPe team, and not ours? Not that we don't know.)
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To: nickcarraway

Just state you are against illegals and that prosecutors only take cases they can win to trial. I have been blackballed from all jury service (followed me to a different state) for the last 10 years after I embarrassed a public defender in US District court.


10 posted on 04/25/2016 5:03:46 PM PDT by reaganaut (Bible Scholars, Theologians and Evangelicals for Trump)
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To: nickcarraway

So “Twelve Angry Men” would have ended differently, with Henry Fonda’s character getting hauled off to a cell for contempt and the kid on trial gets fried.


11 posted on 04/25/2016 5:36:46 PM PDT by NonValueAdded ("When judges act like whores, they can hardly expect to be treated like nuns.")
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To: nickcarraway

It would probably be better to person in lock up overnight and then destroy any record of it.


12 posted on 04/25/2016 6:18:29 PM PDT by ronnietherocket3 (Mary is understood by the heart, not study of scripture.)
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To: nickcarraway

As far as I know there is no law authorizing a judge to instruct the jury on anything. The jury should be an independent entity, the third leg in the balance of power so to speak (judge, prosecution, jury).


13 posted on 04/25/2016 6:56:02 PM PDT by Cruising Speed
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To: nickcarraway

California should fine everyone on the OJ jury


14 posted on 04/25/2016 7:29:09 PM PDT by artichokegrower
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To: nickcarraway
California Jurors Could Face Fines for Googling

It should be jail time; ding dongs and their cell phones...
The Judge's instructions are not suggestions.

Having been called for jury duty a few times in the last ten years, it's obvious that the average IQ is under 70, and a few always make it to the final jurors and alternates.

Some even speak and understand English.

15 posted on 04/25/2016 8:19:29 PM PDT by publius911 (IMPEACH HIM NOW evil, stupid, insane ignorant or just clueless, doesn't matter!)
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To: nickcarraway
But it was scaled back after legislators expressed concern that it could dissuade potential jurors from serving.

Politics is always a major cause of all the evils that destroy society.

Of Course. what is most important when weighed against "political correctness" and good intentions?

Justice can go suck...

16 posted on 04/25/2016 9:14:43 PM PDT by publius911 (IMPEACH HIM NOW evil, stupid, insane ignorant or just clueless, doesn't matter!)
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To: JoeFromSidney

Seems to me the judges do not want jurors to be informed.

I support being informed.

Thus, I oppose this rule.


17 posted on 04/26/2016 11:02:24 AM PDT by T-Bone Texan (Don't be a lone wolf. Form up small leaderlesss cells ASAP !)
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To: nickcarraway
What does being a senior officer on a court martial entail?

Primarily seeing that things are conducted in an orderly manner. All members of the court had the same vote on conviction or not as I did.

18 posted on 04/26/2016 5:47:05 PM PDT by JoeFromSidney (,)
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