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SOCIAL MEDIA GUIDE
The Social Media 101 guide shows you how to set up and manage your accounts.
Connected is a monthly e-newsletter about social media and the courts.
SOCIAL MEDIA POLICIES
Social media policies covers the guidelines governing social media use.
JURORS & SOCIAL MEDIA POSTER
Open and Fair Trial in the Social Media Era - An Insurmountable Conflict or an Emerging Opportunity? (2019)
Lamprini Georgiou, Burkhard Schafer
European Journal of Law and Technology
In this article, the authors argue that "the decision by both systems to allow in principle tools such as Twitter aimed correctly at maximising openness, but in failing to unpack further the concept of open justice, and in avoiding a deeper analysis of possible technological solutions, missed an opportunity to mitigate the inherent tensions between open and fair trial further."
Social Media, the Internet, and Trial by Jury (2018)
Thaddeus Hoffmeister, Ann Charles Watts
This review starts with a historical overview of trial by jury and then moves to a discussion of media and communication. This is followed by an examination of the advantages and disadvantages associated with jurors and digital technology. The heart of the article is a review of six scholarly studies that attempt to explain why jurors use the Internet, as well as methods for combating such use. The article concludes with recommendations for future areas of research.
Researching Jurors on Social Media (2017)
A Lawyer's Handbook
In today’s world, it makes perfect sense to research any information available, including social media accounts. But what are lawyers (or their agents) allowed to do when researching potential jurors’ social media accounts? Are there any limitations? The article lists a number of guidelines, pulled together from a few jurisdictions.
Common Ethical Issues To Consider When Researching Jurors And Witnesses On Social Media (2017)
Patrick Schweihs, Esq.
Above the Law
The author provides some general pointers to follow when researching witnesses or jurors on social media platforms.
The Ethics of Social Media and Jurors: The Rising Importance of Social Media in the Courtroom (2016)
This article addresses the following questions: Why should we do this kind of social media research in the first place? What are the rules on how to do it? What do judges think about this kind of research? Do you have to do it?
Social Media and Jury Selection (2016)
Husch Blackwell LLP
The growth of social media over the past decade has enabled lawyers to gather additional information about the interests, activities and proclivities of veniremen that allows counsel to make more informed decisions during the jury selection process.
Social Media in the Courtroom (2016)
An article that reviews cases of when jurors -- and lawyers -- used social media in the courtroom from juror misconduct to and jury selection.
Social Media Proves a Costly Escape for the Horrors of Jury Duty (2016)
Courtrooms across the country are cracking down on both jurors (and potential jurors), who use their smartphones to look up case information, google legal facts, and connect to social media during court proceedings.
Respecting The Rules For Searching Jurors' Social Media (2016, subscription)
Millions of potential jurors make information like this (and much more) publicly available on the internet through social media or otherwise, and what trial advocate would not want to uncover it? This article reviews various law opinions that identify essentially three additional issues that you have to keep in mind.
A Jury of Your Peering? Federal Judge Bars Social Media Investigations to Protect Juror Privacy (2016)
Social media websites like Facebook, LinkedIn, Twitter, and Tumblr can be a treasure trove for trial attorneys seeking all the information they can find (and possibly exploit) about prospective jurors.
Using Social Media in Jury Selection: Can Jurors Be Your "Friends?" (2016, subscription)
John O'Donnell and Lawrence Savell, Herbert Smith Freehills
These seven tips can help when using social media in selecting a jury.
Criminalization Of Juror Misconduct Arising From Social Media Use (2015)
Cornell Law School
This essay analyzes criminalization as an alternative solution to juror
misconduct arising from social media use, where jury instructions fail to prevent
Social Media Jury Instructions Report (2015)
New York State Bar
This report covers both juror's use of social media and attorney’s use of social media to research/monitor juror's online behavior. Although there are aspects of the report that are specific to New York, the majority of it will be of interest to a national audience. The report also contains the results from a social media survey circulated to section members and a poster that is suggested for use to minimize incidents of jurors inappropriately using the internet/social media.
Juror Responsibilities Regarding the Internet and Social Media (2014)
The National Center for State Courts
This poster is intended for jury rooms to remind jurors that they should not from research or use social media to discuss cases.
Jurors’ and Attorneys’ Use of Social Media During Voir Dire, Trials, and Deliberations (2014)
Federal Judicial Center
This paper examines a survey taken by district court judges that assesses the frequency with which jurors used social media to communicate during trials and deliberations in the past two years, and identifies strategies for curbing this behavior.
More from the #Jury Box: The Latest on Juries and Social Media (2014)
This Article presents the results of a survey of jurors in federal and state court on their use of social media during their jury service.
Juries and Social Media (2013)
This Australian report contains a literature review of existing research and studies that discuss the use of social media by impaneled jurors and the problems associated with said use. It also reviews policies and procedures implemented in other countries to address this problem and it contains specific recommendations to changes in current practices.
Jurors' Use of Social Media During Trials and Deliberations: A Report to the Judicial Conference Committee on Court Administration and Case Management (2011)
In October of 2011, surveys were sent to federal judges asking them about their practices and experiences regarding jurors and social media. This report presents the findings.
Webinar: Social Media and Trial by Jury (2011)
Bureau of Justice Assistance, National Training and Technical Assistance Center
This webinar addressed problems of juror use of social media and presented practical solutions. A distinguished panel including the Honorable Gregory E. Mize, the Honorable Dennis M. Sweeney and Professor Caren Myers Morrison discussed issues and responded to participant questions. This webinar and its slides were archived and available at the above link.
"Can You Hear Me Now?" (2010)
Court Manager, Vol. 25, No. 2
This article discusses the issues and policy considerations for cell phones and other electronic devices in the courts.
Jury News: Google Mistrials, Twittering Jurors, Juror Blogs and Other Technological Hazards (2009)
Paula L. Hannaford-Agor
This article describes the problems associated with jurors using technology in ways that violate the orders of the court and potentially cause mistrials or reversals of jury verdicts. The article also discusses potential solutions which include a model instruction.
A state-by-state listing of jury instructions available online that specifically address social media.