My grandmother, God rest her soul, loved the phrase: "Curiosity killed the cat; satisfaction brought it back." It is a simple truth, and an important one in this Internet age. Jurors now are empowered by their iPhone, iPad or iMac to become a one-person investigator of the matter that is being tried before them. They are accustomed to googling for information all day long. Why, then, can’t they do it during a trial so that they understand the "issues" and get to the perceived "right" result?

The answer, of course, is that the judiciary’s role is to prevent jurors from acquiring information outside the courtroom that may inappropriately sway their findings. Obviously, when jurors are reaching conclusions and making decisions based on the potentially erroneous, outdated or incomplete musings of the online community, justice is not served. While it is true that it has always been the judiciary’s job to prevent jurors from seeking information outside the courtroom, that task has become increasingly more difficult now that every juror has an almost instant connection to information and people through smartphones, tablets and laptops.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]