Monday, June 14, 2010
Gareth S. Lacy, University of Washington School of Law, has published Should Jurors Use the Internet? Here is the abstract.
During trials jurors are increasingly using cell phones and other devices capable of accessing the Internet. Courts are responding by amending court rules to explicitly ban these devices. This Article points out problems with those new rules. This Article also reviews scientific literature on the effect of pretrial publicity on jury decision-making to conclude the fear of outside Internet research may be unwarranted. By challenging the arguments against allowing jurors to conduct outside research, this Article seeks to broaden the discussion about what it takes to keep the American jury system working capably.
Download the paper from SSRN at the link.