As Jurors Turn to Web, Mistrials Are Popping Up

[David Farber <dave () farber net>]

Begin forwarded message:

From: James Grimmelmann <james () grimmelmann net>
Date: March 18, 2009 11:13:28 AM EDT
To: dave () farber net
Subject: Re: [IP] As Jurors Turn to Web, Mistrials Are Popping Up

On Mar 18, 2009, at 10:54 AM, David Farber wrote:

> Begin forwarded message:
>
> From: Monty Solomon <monty () roscom com>
> Date: March 17, 2009 11:07:41 PM EDT
> To: undisclosed-recipient:;
> Subject: As Jurors Turn to Web, Mistrials Are Popping Up

> <snip>

> It might be called a Google mistrial. The use of BlackBerrys and
> iPhones by jurors gathering and sending out information about cases
> is wreaking havoc on trials around the country, upending
> deliberations and infuriating judges.

And this is a _bad_ thing?  Three cheers for the jurors who are trying  
to do their civic duty responsibly!  And jeers for a legal system that  
has become so obsessed with process and letting the lawyers control  
everything that it spends most of its time at trial trying to keep  
jurors ignorant.

Back in the 1200s, the jury at a trial knew _more_ about what happened  
than anyone else present.  The whole idea behind having a jury of  
locals was to ask the people with firsthand knowledge to report on  
what they knew.  Over the centuries, the lawyers managed to grab  
control over trials, resulting in the monstrosity of "rules of  
evidence" and the ritualized combat we call the "adversary system."   
Today's technologically informed jurors are trying to take back  
control of the trial, and good for them.  If they succeed, trials  
might once again actually be about getting at the truth of what really  
happened.

James




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