Monday, April 5, 2010
Our sister blog, Legal Writing Prof Blog, has an interesting story about a case involving a judge who googled a search term about a defendant during a criminal trial. In a nutshell, the Second Circuit held that the judge did not act improperly. As the blog posting states:
On appeal, the Second Circuit vindicated the trial judge's impromptu factual investigation by concluding that:
[The Judge's] use of the Web was merely the electronic equivalent of what a judge in an earlier era would have done: gone to a local department store to confirm in person the "common-sense" belief that a variety of yellow rain hats, like that worn by a bank robber, can be purchased.
As 'broadband speeds increase and Internet search engines improve,' judicial use of computers is only likely to increase, the court said.
'As the cost of confirming one's intuition decreases, we would expect to see more judges doing just that,' the court held. 'More generally, with so much information at our fingertips (almost literally), we all likely confirm hunches with a brief visit to our favorite search engine that in the not-so-distant past would have gone unconfirmed.'
Mitchell H. Rubinstein