Social Media Use as Evidence of Juror Misconduct

Policing Jurors

To be sure, it is difficult for judges to simultaneously conduct a trial and police jurors, who, for the most part, consider social network activities to be their own business. Judges repeatedly remind jurors not to use social media to communicate with outsiders during the trial or deliberations, and at certain times judges have confiscated electronic devices in the courtroom. In response to reports of social media activity by sitting jurors, state judiciaries have amended jury instructions to educate juries about the unintended effects of such behavior. For example, New Jersey state courts recently amended a section of the Model Civil Jury Instruction to include specific prohibitions regarding social media: 'You also should not attempt to communicate with others about the case, either personally or through computers, cell phones, text messaging, instant messaging, blogs, Twitter, Facebook, MySpace, personal electronic and media devices or other forms of wireless communication.' NJ Model Civil Jury Charge 1.11C (revised May 2010, August 2012). Similarly, the Judicial Conference Committee also updated the model jury instructions for federal courts to deter jurors from using social media to communicate about the cases on which they serve. See, 'Proposed Model Jury Instructions the Use of Electronic Technology to Conduct Research on or Communicate about a Case,' (June 2012).