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International Law

: Freedom to Differ

Should jurors use the internet?

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I've written before how the access jurors have to the internet potentially poses a threat to our judicial process, so it was interesting to read this article that challenges my position and presents an argument that jurors should be able to use the internet to conduct outside research:

Lacy, Gareth S. , Should Jurors Use the Internet? (May 5, 2010). Available at SSRN: http://ssrn.com/abstract=1600585

Abstract:
During trials jurors are increasingly using cell phones and other devices capable of accessing the Internet. Courts are responding by amending court rules to explicitly ban these devices. This Article points out problems with those new rules. This Article also reviews scientific literature on the effect of pretrial publicity on jury decision-making to conclude the fear of outside Internet research may be unwarranted. By challenging the arguments against allowing jurors to conduct outside research, this Article seeks to broaden the discussion about what it takes to keep the American jury system working capably.

I'm going to take some time to think about this article before I respond to it, but I thought it was interesting enough to post without comment for the moment.

Full post as published by Freedom to Differ on June 18, 2010 (boomark / email).

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