Report: Juror misconduct involving social media more likely during long, complex criminal trials

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Juror misconduct involving Internet and social media is more likely to happen during long, complex criminal trials, according to a recent survey and analysis from the National Center for State Courts.

The center undertook the study to examine how jurors are using new media and how misconduct related to the use of the Internet and social media affects trials. Researchers surveyed 451 judges and 376 attorneys from around the U.S. and also analyzed 260 written case opinions, from over the course of 20 years, in which juror misconduct involving new media was alleged.

Both the survey results and the opinions suggested that misconduct occurred at a higher rate with criminal trials than with civil trials. Within criminal cases, most of the reported incidents were connected with homicide, assault, battery or sex-offense cases. Within civil cases, new-media misconduct was most associated with medical malpractice.

The findings show that juror misconduct involving new media happened more often during multi-day, complex trials. The report recommends that judges and attorneys be especially vigilant during these types of trials.

Recent case law suggests that judges are coming to terms with the likelihood that they won’t be able to prevent jurors from using the Internet and social media during trials. In the earliest cases analyzed for the report, judges tended to be critical of any juror exposure to extraneous information. In more recent cases, in contrast, they been more likely to distinguish between instances of juror impartiality and juror misconduct.

“While there may be consequences for jurors who fail to follow the judge’s instructions, the impact on the case will depend on the extent to which the extraneous information is prejudicial to the parties,” the report said.

Learn more about jurors’ misuse of new media and how it can be avoided from the infographic below. The full report is available online.

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