Jury instructions re electronic communications

Here at the registry of deeds we’ve embraced all types of new technology including this blog and our Facebook and Twitter accounts as ways of better communicating with our users. But to our colleagues in the Trial Court, these omnipresent technologies that are meant to keep us in close contact pose a significant problem. In any trial, it is essential that the jurors decide the case based solely upon evidence that has been properly admitted during the course of a trial. If extraneous information comes to the attention of jurors, it could be grounds for a mistrial or a new trial if it is discovered post-verdict.

Because social networks and new media sources are so central to people’s lives these days, trial judges now find it necessary to specifically instruct jurors to refrain from accessing or using electronic communications during the trial. A proposed “model jury instruction” now being circulated can be read here and some relevant excerpts follow:

During your deliberations, you must not communicate with or provide any information to anyone by any means about this case. You may not use any electronic device or media, such as a telephone, cell phone, smart phone, iPhone, Blackberry or computer; the internet, any internet service, or any text or instant messaging service; or any internet chat room, blog, or website such as Facebook, My Space, LinkedIn, YouTube or Twitter, to communicate to anyone any information about this case or to conduct any research about this case until I accept your verdict.

Seems like a comprehensive list of devices and sites. Hope it works.