Social Networking Collides with the Justice System
by Joe McKendrick
Since my last post on the Tweeting juror, there’s suddenly been a lot of media attention on the advent of social networking among jurors in legal proceedings.
I was going make a reference to all this as opening a “Pandora’s Box,” but the common definition of Pandora’s Box was the unleashing of evil forces upon the world. Social networking isn’t an evil force, but it does seem to be starting to wreak havoc on jury trials. Jurors are supposed to remain mum on the proceedings while they are underway, and not seek out alternative sources of information. But technology the intruder is intruding.
Hylton Joliffe, our esteemed colleague and the creative force behind this blogsite, forwarded to me a new article in The New York Times that talks about this latest threat to jury impartiality. When the Gray Lady gets worked up, you know this is a big deal.
A case in Florida was declared a mistrial because not one, but all nine jurors admitted to looking up the case on the Internet.
In my own backyard, the article notes, “defense lawyers in the federal corruption trial of a former Pennsylvania state senator, Vincent J. Fumo, demanded before the verdict that the judge declare a mistrial because a juror posted updates on the case on Twitter and Facebook.” According to the Times article, “The juror had even told his readers that a ‘big announcement’ was coming on Monday. But the judge decided to let the deliberations continue, and the jury found Mr. Fumo guilty. His lawyers plan to use the Internet postings as grounds for appeal.”
Of course, the legal system has been battling the intrusion of communications technologies for decades now. Television cameras were only admitted into courtrooms starting in the 1990s. Judge Lance Ito may now be wishing they had held off for another decade.
And, apparently, the legal and judicial system still haven’t gotten their arms around social networking.
Social networking is a great thing for connectivity, for business, and for professional development. But apparently there is a place that will remain off limits.
