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Judges, Juries and Outside Research
What information should be used to decide a case ' only that offered by the opposing sides? If independent legal research is permissible, just how much is too much? These questions, which are being asked in the realms of medical malpractice, criminal and other types of cases, have become more imperative in the last few years.
As we have all observed, most of the developed world is fascinated by the Internet, as well as by other technological means of quickly and instantly finding information. Lawyers use the Internet to conduct research and to gauge the opinions of potential juror pools. Jurors are frequently admonished not to use it (or instant messaging services, among other frequently used technologies) to help them form opinions about the cases they are to decide. Judges are not immune ether; like everyone else, they have become used to having the world's trove of information at their fingertips, and they want to use it to make the best decisions possible.
Because of the growing debate over how much outside information judges and juries should be allowed to access, and about what should be done when these decision makers go too far, our courts are being asked to weigh in with their opinions.
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