Cengage Advantage Books: Business Law Today, The Essentials 11th Edition by Roger LeRoy Miller

تمرين 1

ADAPTING THE LAW TO THE ONLINE ENVIRONMENT
Jurors' Use of Wireless Devices and the Internet
One former juror, fresh from trial, complained that the members of the courtroom work group had not provided the jury with enough information to render a fair verdict. "We felt deeply frustrated at our inability to fill those gaps in our knowledge," he added. Until recently, frustrated jury members lacked the means to carry out their own investigations in court. Today, however, jurors with smartphones and tablets can easily access news stories and online research tools. With these wireless devices, they can look up legal terms, blog and tweet about their experiences, and sometimes even try to contact other participants in the trial through "friend" requests on social media Web sites such as Facebook.
What Jurors Are Not Supposed to Learn Outside the Courtroom
Jurors are generally not supposed to obtain background information about the parties to a case or about case events. And certainly, they are prohibited from obtaining outside information about the attorneys, judges, and witnesses they encounter in the courtroom.
In one case, the judge explicitly instructed the jurors that they were not to "use any electronic device or media, such as a telephone, cellphone, smartphone, iPhone, BlackBerry, computer; the Internet, any Internet service, or any text or instant messaging service; or Internet chat room, blog, or Web site, such as Facebook, MySpace, YouTube, or Twitter to communicate to anyone any information in this case or to conduct any research about this case" until after the verdict. When a juror did do Internet research, and that fact came to light during an appeal of the verdict, the appellate court required a new trial.
In another case, a juror used the Internet to access information about the defendant's past criminal history. Again, the verdict was appealed, and the appellate court stated, "Because there is a reasonable possibility that the extrinsic information acquired by the juror influenced the verdict, we reverse and remand for a new trial."
Legislators Are Reacting
In response to widespread mistrials stemming from jurors' use of wireless devices and the Internet, some states have passed legislation to address the problem. California amended its Code of Civil Procedure to require that all trial courts admonish jurors "that the prohibition on research, dissemination of information, and conversation applies to all forms of electronic and wireless communication." Any juror may be found guilty of a misdemeanor for "willful disobedience... of a court admonishment related to the prohibition on any form of communication or research about the case, including all forms of electronic or wireless communication or research."
The Sixth Amendment guarantees the accused a right of trial by an "impartial jury." How does the use of wireless devices in the courtroom or research on the Internet threaten this right