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All posts tagged "mistrial"


Friday, September 17, 2010

Use of Smartphone Not so Smart for This Juror

Posted by Jeff Campbell in "Apple Software (iPhone/iPod Touch/iPad)" @ 04:00 AM

http://gizmodo.com/5640192/jurors-i.../full+(Gizmodo)

"A jury foreman in a manslaughter murder case in Florida has caused a mistrial with his iPhone. How? He looked up the word "prudence" during deliberations. On Encarta."

According to the Court of Appeals, after the appellant was convicted, a juror contacted defense counsel and claimed that during a break from jury deliberations, the jury foreperson used a smartphone, specifically an iPhone, to look up the definition of "prudence." The court granted a motion to interview jurors and determined, after an evidentiary hearing, that there was juror misconduct based on the fact that the jury foreperson utilized his smartphone to search an internet site, Encarta, for the definition of "prudent" or "prudence." The foreperson shared this definition with other jurors during deliberations.

So now a new trial in the shooting of the dog will be necessary. No word yet on a trial for the usage of Encarta on an iPhone.


Thursday, March 19, 2009

Contempt of Court for the iPhone!

Posted by Jeff Campbell in "Apple iPhone & iPod Touch" @ 12:00 PM

http://www.tuaw.com/2009/03/18/juro...sing-mistrials/

"I admit it. I check Google out all the time when I need some information. It's a good habit, and I feel better informed. If you are a juror, however, you can be a wee bit too informed. The New York Times is reporting jurors with web enabled cell phones are doing their own research, Googling lawyers names, more information on defendants and even research into claims made by witnesses."

Interesting story. The legal system versus technology? I think it is more of people being human and not being able to resist temptation. Or they are just stupid? Whatever the case, the judge gives pretty clear instructions on what you can and cannot do when you leave the court, and they count on the juror to do the right thing. The fatal flaw! It is obvious from the cases here as well as in this New York Times article that you cannot trust that people will do the right thing. If they did, you wouldn't need a criminal justice system and I would be out of a job!


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