In an odd twist on the coverage we’ve seen of Twittering, texting, and internet-exploring jurors—the trial of a man being prosecuted for third-degree rape and sodomy has ended in mistrial. A juror reported receipt of a text message sent from a relative of the defendant. It is not yet known if the defendant requested the text message be sent, but the judge declared a mistrial. A new jury will be selected in February, 2010 and, in the meantime, the defendant remains in custody until a full $25,000 bond has been paid.

This represents a whole new level of concern for the justice system. We’ve had ample media attention on jurors exploring the internet, tweeting, texting, making Facebook entries or writing in their blogs about jury service (see our previous posts on jurors and the internet here and here and here).  We’ve even had witnesses on the stand texting their counsel and causing mistrial in a civil fraud case. Most of the coverage of problems with internet and wireless issues relates to juror or witness misconduct.  But this approaches reaching into the jury box, not out of it.  And that is potentially frightening.

Whether this incident will result in more support for the idea of anonymous jurors will remain to be seen. But, in this instance, allowing only attorneys to have cell phones in court (a new suggestion) would not have made a difference. Fortunately, the juror receiving the text message reported it to the court.

For now, perhaps all we can do is educate jurors on the importance of hearing a case based only on facts presented in court, reporting any outside research or text messages, and to remind each other in the deliberation room that they are to make decisions based only on what is presented as evidence. It’s a leap of faith, this business of trusting jurors. Our mock trial work and post-verdict debriefings of jurors teaches us again and again that jurors take their work seriously and want to do the right thing. We have to take seriously the responsibility of teaching them how to deliberate both effectively and fairly.

Related posts:

1. Pandora’s Box: The internet, the power of ‘knowledge’, and irrepressible juror curiosity
2. Deliberations & the role of the presiding juror
3. The Jury Room: A new blawg
4. It’s not just jurors who are doing it
5. Trial Skills Journal on the Web: The Jury Expert