Popular Culture Review 31.2
Judges instruct jurors that they are barred from conducting outside research regarding the trial they are reviewing . 41 This research includes watching television news programs or reading an article about the trial they are hearing . In this technological age , that admonition must also include using search engines , websites , or blogs to acquire information as well . Unfortunately , although warned against it , some jurors use the Internet while serving and can be exposed to inappropriate influences . The fear is that jurors will follow reporters and obtain their views of the evidence presented and thereby be persuaded by their opinions and observations and not think independently about the evidence presented during the trial . Twitter could be dangerous in this scenario because additional information about the trial could prejudice the jurors ’ opinions , thus jeopardizing the defendant ’ s due process rights . 42
Another concern is that witnesses may see news tweets about the trial where they will appear , compromising their ability to testify . 43 In order to cope with the extreme accessibility of Twitter and the possibility that media tweets may be re-tweeted to a juror ’ s or witness ’ s Twitter account , judges have either banned live broadcasting via Twitter or tried to restrict its use by jurors and witnesses . 44 With the addictive nature of social media , there is no guarantee that jurors or witnesses will follow a directive to refrain while serving . An illustration is provided with a burglar who was caught because he left a digital trace for police after logging onto his Facebook account from
41
Daniel J . Ain , The Tweeting Juror : Prophylactic and Remedial Methods for Judges to Manage the Risk of Internet-Based Juror Misconduct , 98 Mass . L . Rev . 16 , 16 ( 2016 ).
42 Winnick , supra , at 347 . 43 Id . 44 Id . at 348 .
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