The Growing Issues of Jury Internet Access

Today, access to the internet is so widespread that expecting jurors to completely avoid looking up information about a case, the attorneys involved, or even the people giving testimony seems almost impossible. I was recently in a mediation where a mediator Googled some information on her own and brought it to us, saying something along the lines of, “Hey, I Googled this, and you know the jury will do the same during voir dire. This is what they’ll see – and they might Google the lawyers, too.” This experience reflects a real and growing issue in the justice system.

Internet research by jurors is not allowed, as it risks tainting the impartiality expected in a trial. However – realistically – it’s nearly impossible to control or track what jurors do on their phones or other devices, especially during voir dire, which is the jury selection phase. Also, jurors may not have fully absorbed the judge’s instructions about staying away from outside information. This access to information outside the trial can lead to bias or preconceived ideas that might affect their ability to fairly decide a case.

You might think that lawyers should try to address and clear up any negative information about the case that could easily be found online as a strategy to counter this potential bias. This approach, however, can be a double-edged sword. First of all, it’s time-consuming. It can also bring up details that might otherwise have never been part of the trial. By bringing in outside information, a lawyer risks introducing distractions that could push the jury’s focus away from the actual evidence presented in the courtroom.

We know one thing is clear – if jurors are looking up the case or the people involved, the structure of a fair trial is compromised. In an ideal world, every juror should be hearing the same evidence in the same way and at the same time as everyone else on the jury. This process gives everyone a consistent view of the case. If jurors turn to Google, they’re not just gathering information – they’re potentially disrupting the fairness of the jury trial system.

What can an attorney do? One practical option might be to raise these concerns early, with both opposing counsel and the court, before jury selection even begins. This way, the issue of potential juror internet research is on the table, and everyone is aware of the risks involved. Taking this proactive approach could also lead to a stronger emphasis on the judge’s instructions. The judge might start off proceedings by strongly reminding jurors not to discuss the case, not to look up any information about it, and to avoid the internet entirely when it comes to details of the trial. To keep it fresh in jurors’ minds, the judge could repeat this instruction multiple times throughout the process. This repetition could help make it clear to jurors that going online and looking up case-related information is off-limits.

Straightforward and frequent reminders might help jurors internalize this rule, even in today’s digital age, where Google and social media are only a few clicks away. Jurors need to understand why it’s so important to avoid outside sources, as well as that their role in the justice system is to be neutral and rely only on information revealed in the courtroom.

As we know, the Seventh Amendment of the U.S. Constitution guarantees the right to a fair trial, but juror internet access could challenge this principle. When jurors seek outside information, it becomes much more difficult for attorneys to control what evidence and arguments reach them. It also becomes more challenging to ensure the jurors’ decisions are based on only what has been shared in court. This lack of control can make it difficult for attorneys to build a case and argue for their clients effectively.

Here’s an example. If a juror sees information online that paints the plaintiff in a negative light, they might bring that bias with them into deliberations, even if that information was unrelated or inadmissible in court. This bias can easily skew the jury’s perspective and undermine the fairness of the trial. When jurors come across negative news stories or social media posts that aren’t meant to be part of the case, they could make decisions based on an incomplete or biased picture. The justice system relies on jurors being impartial and focused solely on the facts presented in the courtroom.

Attorneys must consider how they can adapt to the fact that many jurors have access to internet searches. Although it might be impossible to completely stop jurors from looking up case information, some strategies could help mitigate the chances of outside information creeping into the trial.

First, attorneys should consider the internet when preparing their case. This means taking the time to check what might be online about the case, the people involved, and even themselves, and then being prepared to address any potential questions that might arise from that information.

Another tactic might be to work closely with the judge, ensuring jury instructions are clear, specific, and repeated enough that jurors fully understand the importance of not seeking outside information. Attorneys might suggest to the court that, during jury selection, potential jurors are asked whether they feel they can refrain from using the internet to look up information surrounding the case. This can help identify jurors who understand and respect the restriction, or it could, at the very least, give attorneys insight into the risks they might face with certain jurors.

At the end of the day, the issue of jurors and internet access isn’t going anywhere. And, as technology advances, it’s likely that courts will need to adapt their rules and restrictions to keep up. Some courts have even started taking measures like temporarily restricting juror access to mobile devices during trials or deliberations. However, these measures are not always feasible. For now, lawyers and judges should work together to find practical ways of addressing these challenges without alienating jurors with overly strict rules.

For reliable help with your legal matter, contact the Los Angeles law firm of McNicholas & McNicholas, LLP today.