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Twittering jurors may force rule changes
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A reporter using the Twitter networking site. AP Photo/Stew Milne
OMG! This defendant is soooo guilty! So go the fears of attorneys and judges across the country who are worried that twittering jurors may be compromising cases.
Weld County District Judge Marcelo Kopcow’s instruction to the jury last week in the Angie Zapata trial not to “tweeter” (a reference to “tweet” status posts on the website Twitter) reflects a growing trend in courtrooms across the United States. The insulated jury room has recently become fodder for the public as jurors post status updates to Twitter, which has caused motions for appeal in certain convictions.
Last month, an Arkansas court was asked to overturn an over $12 million judgment citing a juror’s Twitter usage as proof that he was biased. A federal corruption case against former Pennsylvania State Senator Vincent Fumo was publicized through a juror’s updates on Twitter and Facebook. The judge refused to dismiss the juror, who had noted a “big announcement” was coming during the six days of deliberations; attorneys for Fumo plan to appeal. Still other cases have emerged where several jurors have used internet research to come to a decision (jurors are not allowed to be influenced by any knowledge or evidence not presented in court).
The problem is not just an American one. Last year, a British court dismissed a juror who requested advice, via a poll, from friends on Facebook regarding her decision in a sexual assault case.
Some analysts point out that courts are restricting the new technologies because they don’t understand them, and abuse of social networking sites by jurors is rare. Others note that while juries are instructed not to discuss the case with anyone, some may not construe this instruction to include texts or internet usage, or they may not understand the damage such communication may cause. St. Louis District Judge Ed Sweeney, for one, is taking action. Sweeney has sent a proposed jury instruction to the Missouri Supreme Court specifically mentioning email, Twitter, and Facebook as banned communications regarding the trial. Whether or not Judge Sweeney’s revised instruction is approved, it is apparent that courts will need to adapt to the new technologies to ensure that a jury room can be one of the few places in this increasingly global society that is isolated, at least for a bit, from the rest of the world.
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