Jurors face jail time for social media use during trial

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By Correy Stephenson
Dolan Media Newswires

BOSTON, MA — Jurors in California face the possibility of jail time if they violate a new rule prohibiting them from engaging in social media during trial or deliberations.

The new law, signed by Gov. Jerry Brown, takes effect in 2012.

Previously, trial judges warned jurors that part of their duty included not discussing the trial with others. The new law will require judges to specifically explain to jurors that such a limitation on communication includes all forms of wireless and electronic communication, including social media like Facebook and Twitter.

“The bill would require the court, when admonishing the jury against conversation, research, or dissemination of information pursuant to these provisions, to clearly explain, as part of the admonishment, that the prohibition applies to all forms of electronic and wireless communication. The bill would require the officer in charge of a jury to prevent any form of electronic or wireless communication,” according to the law’s introduction.

Violators could be subject to up to six months in jail for criminal contempt.

Jurors’ increasing use of electronic communications has led other states – including Indiana, Michigan and Ohio – to pass similar laws.

Juror Internet use has also been addressed by the federal courts, which recommend the use of jury instructions that warn jurors against text messaging, tweeting or using other forms of social media to discuss cases.