Twitter becoming an increasing threat to fair trials?

Twitter is everywhere. From celebrities to wanna-bes, Twitter has become the latest “go-to” social network. It’s no wonder we’re seeing more and more “tweets” from within courtrooms across the country. The problem is fast becoming widespread enough that it’s starting to threaten the sanctity of the jury and a fair trial process. So much so that St. Louis District Judge Ed Sweeney has submitted a new jury instruction proposal to the  Missouri Supreme Court that would, if approved, specifically ban email, Facebook and Twitter from all jury trials.

There’s some serious legal impetus to get mobilized social networks under control in the jury box. An Arkansas court in February overturned a $12+ million dollar decision because one juror’s Twitter comments indicated that he was biased going into the trial. Then there’s the case of a juror trying to add a trial witness as their Facebook friend, prompting outrage and endangering the trial’s conviction decisions. And, the problem is international – a British juror was dismissed after asking friends to vote on what she should should decide in a sexual-assault case.

The problem isn’t just that Twitter and Facebook are tying people together, allowing them to reach beyond deliberation room walls. There’s a problem with awareness. While the likes of those reading this post will probably be well aware of Twitter, and may even have a significant following, judges and lawyers are largely in the dark. Sure, they know that email can be a problem, but do they know that email can be sent from cellphones? That Twitter is just a couple thumb-taps away?

Consider this, one judge recently allowed court reporters to “tweet” court proceedings in near real-time, as they happened. “The more we can do to open the process to the public, the greater the public understanding,” said US District Judge Thomas J. Marten. In response to concerns that jurors would be influenced by the “tweets,” Marten believed that jurors were isolated by jury instructions to avoid newspapers, TV and online reports. Of course, anyone that uses Twitter will know that a modest smartphone is more than enough to keep up with Twitter’s public stream of posts.

Perhaps it’s not a problem with Twitter, but a problem in the way our legal system deals with emerging technologies. Smartphones are becoming increasingly common, and their hyper-connected users will have to be dealt with specifically. Sweeney’s proposed jury instructions could be the first step to new rules regarding smartphones in the legal process.

[Via: Examiner]