It is uncommon for judges to punish a juror. It is really uncommon for judges to punish a juror for talking to the media. It is really, really uncommon for judges to punish a juror for talking to the media after that juror has already been dismissed from the case. However, it does happen as evidenced by the prosecution Marla Lloyd.
Lloyd was a juror in the death penalty trial of Shaw Ford. However, she was dismissed from the case prior to the jury reaching a verdict. Sometime after the verdict but before sentencing Lloyd spoke to the media about the case. Her actions, according to the prosecution, violated the judge's gag order for all jurors. As a result, she is now being prosecuted for contempt of court.
Loyd's prosecution is troubling for a variety of reasons. First, what is the purpose of her prosecution? Put differently, what does the prosecution or judge hope to obtain with a conviction? Second, why isn't this prosecution an infringement on Loyd's 1st Amendment rights? Third, how far can a judge go in restricting others from discussing things that occur in a courtroom? Could a judge tell jurors or prospective jurors that they may never talk about the case? It appears to me that once Lloyd was released from jury duty, the judge no longer had jurisdiction or authority to regulate what she said.
To read more about this case go here.
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