E-Jurors: A View from the Bench

This Article provides a comparative analysis of foreign jury systems and reviews the history of juries. The Article then explores emerging technology and its effect upon electronic juror misconduct. It further identifies juror misconduct resulting from innovative technology. The Article assesses solutions initiated in various U.S. state and federal jurisdictions. The Article reviews the role of more active juries, which incorporate note taking and jury notebooks. The Article analyzes the process of juror questioning and pre-deliberation juror discussions. The Article evaluates initiatives developed in various jurisdictions to deter juror misconduct by confiscating cell phones and improving jury instructions. Finally, this Article offers innovative solutions, from a judge’s viewpoint, to address ongoing juror misconduct concerns through the following efforts: (1) educating judges on the changing use of social media; (2) providing early, frequent, and specific jury instructions identifying social media sites, reasons for banning social media activity and internet research, and associated consequences; (3) confiscating cell phones during deliberations; and (4) encouraging and embracing an innovative and more progressively active role of juries