Juries

1st Circuit Reaffirms Public Right to Juror Info.

Recently, the 1st Circuit Court of Appeals in U.S. v. Chin determined that Massachusetts' trial judges should continue to follow their state's jury plan which requires the release of juror names and addresses post verdict absent finding specific reasons that disclosure would violate "the interests of justice."

Reuters.com: 1st Circuit: In criminal justice system, transparency (still) trumps juror privacy

Mistrial Declared After Juror Raises Privacy Concerns

Last week, a Florida judge declared a mistrial in a second degree murder trial after jurors became concerned about whether their personal information would be available to the public.  It started when one juror, while in open court, asked the judge whether her personal information was secure.  This juror was worried that her name and address would be part of the public record.  This juror's question led other jurors to ask similar questions which ultimately caused the judge to order a mistrial. 

To read more about this case go here.  To read more about the issues of juror privacy go here.

 

 

Louisiana May Make it Harder to Get Access to Juror Questionnaires

Louisiana State Senator Barrow Peacock has introduced a bill (SB 353) to exempt records and personal information of individuals called to jury service.  According to the state senator, this law will safeguard juror privacy by preventing the release of the responses provided by jurors on jury questionnaires. 

However, the bill, as drafted, appears to go beyond questionnaires and may actually prevent other types of juror information from being released.  Also, to date, many courts nationwide have been going in the opposite direction and allowing the release of juror questionnaires go here and here for examples. Thus, it will be interesting to see if the media attempts to challenge this law because they are the ones most likely to be impacted.

Accessing a Juror's Twitter Account

Today, a judge heard arguments about whether defense counsel for Jodi Arias should gain access to the Twitter accounts of the prospective jurors in Arias upcoming sentencing trial.  Here is the motion filed by the Arias defense team. 

As some may recall, Arias was previously convicted in May of killing her on and off again boyfriend, Travis Alexander.  At the time of her conviction, the jurors could not decide whether or not Arias deserved the death penalty.  Thus, although she was convicted, she has not been completely sentenced.  Her case is in a state flux as prosecutors must decide if they want to seat a new jury in order to pursue the death penalty.  If a new jury is not empanelled, Arias will be sentenced to life.

According to defense counsel, they need access to the Twitter accounts of any future jurors to ensure that any decision made by the jury is based on evidence presented at trial not information gleaned from others via Twitter.  The defense attorneys also note that in Arias' earlier trial some jurors failed to strictly abide by the courts admonitions against using social media.  

It is highly unlikely that the court will grant the defense's request.  If courts start requiring jurors to turn over access to their social media accounts, many more prospective jurors will find reasons why they can't serve.

Juror Privacy

Maybe it is a sign of the times, but here are two different articles posted today addressing the issue of juror privacy. In both articles potential jurors voice their concerns about juror questionnaires. Several said that voir dire and juror questionnaires were an invasion of their privacy. One could only imagine how these individuals would feel if they discovered that in addition to voir dire many attorneys also conduct online investigations of jurors.

Houston Chronicle: Lipman: Prospective juror objects to nosy questions

‎Marietta Daily Journal: Juror says the county's juror form asks too much personal info

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Jury Duty and Privacy Concerns

This article discusses the privacy concerns that can arise for jurors when they sit on high-profile trials like Casey Anthony.

LA Times: Casey Anthony case casts harsh light on jurors' lack of privacy

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Lifetime Off Limits for Casey Anthony Jurors?

If the prosecutors handling the Casey Anthony murder trial have their way Lifetime and Lifetime Movie Network will be removed from the approved list of channels that jurors can watch during the trial and deliberations.  Yesterday, the judge handling the case issued an approved list of TV channels that the sequestered jury would be able to watch.  The state, however, objected to Lifetime and Lifetime Movie Network.  This objection may be withdrawn if the prosecution can see the programming schedule for the channels for the months of May, June and July.

In addition to regulating what channels jurors can watch, the trial judge might want to provide jurors with the most recent version of the Ohio Jury Instructions regarding the influence of law related television programs.

3. WARNING ON OUTSIDE INFLUENCE. The effort to exclude misleading outside influences information also puts a limit on getting legal information from television entertainment. This would apply to popular TV shows such as Law and Order, Boston Legal, Judge Judy, older shows like L.A. Law, Perry Mason, or Matlock, and any other fictional show dealing with the legal system. In addition, this would apply to shows such as CSI and NCIS, which present the use of scientific procedures to resolve criminal investigations. These and other similar shows may leave you with an improper preconceived idea about the legal system. As far as this case is concerned, you are not prohibited from watching such shows. However, there are many reasons why you cannot rely on TV legal programs, including the fact that these shows: (1) are not subject to the rules of evidence and legal safeguards that apply in this courtroom, and (2) are works of fiction that present unrealistic situations for dramatic effect. While entertaining, TV legal dramas condense, distort, or even ignore many procedures that take place in real cases and real courtrooms. No matter how convincing they try to be, these shows simply cannot depict the reality of an actual trial or investigation. You must put aside anything you think you know about the legal system that you saw on TV.

New Zealand to Offer Jurors More Privacy

According to media reports, New Zealand will start removing addresses of potential jurors from jury panel lists.  The change was prompted when a felon made contact with a juror who sat on his trial.

National Business Review: Juror privacy to be tightened

Scoop.co.nz: Government tightens juror privacy, safety

Radio New Zealand: New bill aims to improve jurors' privacy

Louisiana Moves to Prevent the Publishing of Juror Names in the Newspaper

The Louisiana state legislature is taking the first steps to prevent the practice of publishing the names of jurors and potential jurors in the newspaper in state cases.  Last week, the Louisiana House Committee on the Administration of Criminal Justice voted in favor of legislation which would prohibit the publication of juror names.  Those speaking on behalf of the legislation argued that the current practice served no useful purpose and compromised juror safety.  Those opposing the new legislation argued (unsuccessfully) that publishing the names preserves the integrity of the criminal justice process.

To read more about the proposed changes go here.

Contacting Jurors Post-Trial

Here are two interesting articles about contacting jurors post-trial.  Interestingly, it is not always the defense that wants to contact jurors.

District Attorney Apologizes to Juror After Contact by Deputy

A call to a former juror by an Alamance County sheriff’s detective trying to get more information about how a jury voted in a sex-offense trial led to a letter of apology by the district attorney, even though the sheriff’s department does not think the detective did anything wrong...to continue reading go here.

Juror Info Denied in Ayres Case

Jurors in the first molestation trial of Dr. William Hamilton Ayres will not have their identities given to the defense but those who do not object to being contacted can return a questionnaire if they like...to continue reading go here.