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The Office of Instructional and Research Technology Blog

Thursday, March 19, 2009

Order in the Court: Hand Over Your Wireless Device

There is an increasing amount of attention being drawn to cases where jurors have used wireless devices in the courtroom. In recent events, court proceedings have suffered due to accessing information that otherwise would not be permitted (or have been thought of as permissible) by the judge into the case.

As the linked article explains, just last week a juror assigned to a Florida drug trial admitted to the judge that he had been researching the case on the Internet from his handheld device. This went against the presiding judge's instructions and against what we know to be appropriate conduct in the courtroom, careful to avoid introducing bias toward either direction. If it had stopped there, the judge could have just thrown him off the case. Eventually, it was found that eight others had done the same thing and so the judge was forced to declare a mistrial.

In a similar scenario in Arkansas, a defense lawyer is asking the judge to rule a mistrial due to a juror's tweets in the courtroom. The twitter(er?) says that the verdict was already spoken before he relayed any information through Twitter.

Has our technological landscape changed so much that we need need to accommodate other realms that are affected by it? Or should it be 'business as usual' regardless of what kind of advances take place? On one side it seems appropriate to bar the uses of these kinds of devices, but the opposing argument would be that they introduce information that could turnout as key evidence in the case. Where is the line drawn?

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1 Comments:

Anonymous Dan Puroclean said...

Darwin (Australia) – A mobile phone call and rapper ring tone landed an Australian teenager in jail. The 17-year-old was sitting in the front row of the Darwin Magistrates Court when his mobile phone rang with a loud musical ring tone from the rapper AKON. Magistrate Daynor Trigg told the teen to turn off the phone, but he kept talking.

The teen waved off the judge and said, “My Bad”. Well it was certainly his bad, after the magistrate threw him in jail for three hours for contempt of court. According to the North Territory News, Magistrate Trigg yelled at the teen, “Don't talk back to me. Go into custody. Get a guard, take him into custody.”

The teen was originally in court for two counts of burglary, but he can now tack on one guilty verdict for contempt of court.

November 18, 2009 at 2:35 AM  

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