tag:blogger.com,1999:blog-21633793.post7738750379852231540..comments2023-12-12T03:19:42.467-05:00Comments on CYB3RCRIM3: Jurors Going Online . . . AgainSusan Brennerhttp://www.blogger.com/profile/17575138839291052258noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-21633793.post-30170464792604917012010-09-01T22:09:41.649-04:002010-09-01T22:09:41.649-04:00Of course, the judge can always hold the juror in ...Of course, the judge can always hold the juror in contempt. <br /><br />http://news.yahoo.com/s/ap/20100830/ap_on_re_us/us_facebook_juror<br /><br />(But would it be direct or indirect contempt?Because the conduct usually seems to occur outside the courtroom, it would have to be indirect contempt, prosecuted by the district attorney.) happened It would have to be indirectAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-76700147562333775892010-05-19T15:42:26.678-04:002010-05-19T15:42:26.678-04:00I think the problem is that judges warn jurors not...I think the problem is that judges warn jurors not to do any outside research but do not explain the consequences if they do. Jurors don't really see the harm and are used to looking things up on the Internet so they do. Describing this case - where the trial had to be held a second time because the jurors ignored the judge's instructions might cause the jurors to be more compliant once they realize their time could be wasted if they don't follow directions. I clerked for a federal judge who explained much of what was going on to the jury. I think that such explanations - particularly where the rules don't seem to make much sense - are a good idea.Unknownhttps://www.blogger.com/profile/12413110237756238338noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-65621313471711814782010-05-18T09:15:18.181-04:002010-05-18T09:15:18.181-04:00Too bad you can't comment, Mackenzie . . . but...Too bad you can't comment, Mackenzie . . . but thanks for pointing out the typo. I believe I fixed it.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-57966533404155244272010-05-18T08:49:57.453-04:002010-05-18T08:49:57.453-04:00I'd love to comment, but I clerked for a Justi...I'd love to comment, but I clerked for a Justice of the Wyoming Supreme Court (not the author) at the time this opinion was issued. <br /><br />You may want to correct the name, though: "Eaton."Mackenziehttp://macknzie.net/blognoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-23938913031554660112010-05-18T08:28:48.985-04:002010-05-18T08:28:48.985-04:00I wonder whether these rules which prohibit juror ...I wonder whether these rules which prohibit juror research really achieve much. One thing they might do, however, is help maintain the view that jurors are simpletons who are easily manipulated. Maybe we should want juries to conduct research.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-21633793.post-62600654763162888482010-05-17T10:23:24.497-04:002010-05-17T10:23:24.497-04:00That's a really good point you make, I hadn...That's a really good point you make, I hadn't thought about that . . . i.e., about sanctions discouraging people from serving.<br /><br />I could also see where a prosecutor wouldn't want to do that because it might not make the jurors who serve look kindly on him/her.Susan Brennerhttps://www.blogger.com/profile/17575138839291052258noreply@blogger.comtag:blogger.com,1999:blog-21633793.post-67829915133502346202010-05-17T09:46:13.259-04:002010-05-17T09:46:13.259-04:00A prosecutor might well think that there is little...A prosecutor might well think that there is little to be gained by pursuing jurors who commit misconduct. It's difficult to get a jury for a trial that runs a week or two, and the notion that the prosecution might be able to file charges against you (the prospective juror) would hardly encourage one to serve. And taking a quick glance at Arizona law, I'm not sure that there is any criminal statute that reaches the jurors' actions. Interfering with judicial proceedings (ARS 13-2810) doesn't seem right, and misconduct by a juror (ARS 13-2808) doesn't reach the conduct at all.Bractonnoreply@blogger.com