Preventing and Addressing Internet-Related Juror Misconduct
This curriculum is designed to teach trial judges about juror use of new media including how to discourage jurors from using these technologies inappropriately during trial and how to respond to allegations of Internet-related juror misconduct. The intended audience is trial judges who sit in courts with jury trial jurisdiction. Appellate court judges may also benefit from much of the material presented. The format envisions a large group setting with judges who are subject to the same state law with respect to juror misconduct, but it can be modified for a multi-jurisdictional or national audience.
The curriculum consists of three 30-minute modules entitled (1) juror and jury use of new media: what do we know?; (2) an ounce of prevention; and (3) when prevention fails. Modules 1 and 2 are designed primarily as faculty lecture format with frequent opportunities for interactive engagement with attendees. Model 3 is heavily interactive and can be done in either a small-group or large-group setting.
Faculty Resources
- Reference Guide for Case Law on Juror Misconduct (2015)
- Julie Blackman & Ellen Brickman, Let’s Talk: Addressing the Challenges of Internet Era Jurors, The Jury Expert (March 2011)
- Dennis M. Sweeney, Worlds Collide: the Digital native Enters the Jury Box, Reynolds Courts & Media L. J. 121 (Spring 2011)
Written Materials
- Paula Hannaford-Agor et al., Juror and Jury Use of New Media: A Baseline Exploration (NCSC 2012)
- Nicole L. Waters & Paula Hannaford-Agor, Jury Impartiality in the Modern Era, in Encyclopedia of Criminology and Criminal Justice (2014)
- Ohio v. Gunnell, 973 N.E.2d 243 (2012)
- Dimas-Martinez v. Arkansas, 385 S.W.3d 238 (2011)
- Cincinatti Ins. Co. v. Omega Flex, Inc., Memorandum Opinion and Order (No. 3:10-CV-00670-10)(W.D.Ky., Apr. 10, 2013).
- New York State Civil Pattern Instructions, Jury Admonitions in Preliminary Instructions (2009)
- Maeve Duggan & Aaron Smith, Cell Internet Use 2013