New model jury instructions target social media use

By Kimberly Atkins Dolan Media Newswires BOSTON, MA--In an effort to deter jurors from using social media and smartphones to communicate about or conduct research on the case on which they serve, a Judicial Conference committee has updated federal model jury instructions. The new instructions were issued in response to a study conducted by the Federal Judicial Center, which revealed that most judges warn jurors not to use social media during trials, and that most judges either used model jury instructions regarding the use of electronic devices or crafted their own jury instructions to limit the use of social media. "The overwhelming majority of judges take steps to warn jurors not to use social media during trial, but the judges surveyed said additional steps should be taken," said Judge Julie A. Robinson, who chairs the Conference Committee on Court Administration and Case Management, in a statement. "The judges recommended that jurors frequently be reminded about the prohibition on social media, [they be] told why refraining from use of social media promotes a fair trial [and told of] the consequences of violations during trial, such as mistrial and wasted time." The new model instructions provide in part: "You may not communicate with anyone about the case on your cell phone, through e-mail, Blackberry, iPhone, text messaging or on Twitter, through any blog or website, including Facebook, Google+, My Space, LinkedIn or YouTube. You may not use any similar technology of social media, even if I have not specifically mentioned it here. I expect you will inform me as soon as you become aware of another juror's violation of these instructions." Courts are also being provided with posters to be displayed in jury deliberation rooms stressing the important of jurors considering only evidence presented to them in the courtroom. Entire contents copyrighted © 2012 by The Dolan Company. All rights reserved. Reproduction in whole or in part without written permission is expressly forbidden. Published: Thu, Aug 30, 2012