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Criminal Law

: Sentencing Law and Policy

Should we embrace and even enhance the prospect of "Jury 2.0"?

By Douglas A. Berman

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The question in the title of this post is inspired by a new article, which is titled simply "Jury 2.0" and available here, authored by Professor Caren Myers Morrison.  Here is the abstract: When the Framers drafted the Sixth Amendment and provided that the accused in a criminal case would have the right to a speedy and public trial by an ?impartial jury,? it is unlikely that they imagined the members of that impartial jury becoming Facebook friends during deliberations, or Googling the defendant?s name during trial.  But in the past few years, such cases have increasingly been making headlines.  The impact of the Internet on the functioning of the jury has generated a lot of press, but has not yet attracted scholarly attention.  This article seeks to focus legal discourse on this under-examined phenomenon...continue to full post

Full post as published by Sentencing Law and Policy on September 11, 2010 (boomark / email).

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