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83 U. Colo. L. Rev. 409 (2011-2012)
Google, Gadgets, and Guilt: Juror Misconduct in the Digital Age

handle is hein.journals/ucollr83 and id is 413 raw text is: GOOGLE, GADGETS, AND GUILT: JUROR MISCONDUCT IN THE DIGITAL AGE THADDEUS HOFFMEISTER* This Article begins by examining the traditional reasons for juror research. The Article then discusses how the Digital Age has created new rationales for juror research while simultaneously affording jurors greater opportunities to conduct such research. Next, the Article examines how technology has also altered juror-to-juror communications and juror-to-non-juror communications. Part I concludes by analyzing the reasons jurors violate court rules about discussing the case. In Part II, the Article explores possible steps to limit the negative impact of the Digital Age on juror research and communications. While no single solution or panacea exists for these problems, this Article focuses on several reform measures that could address and possibly reduce the detrimental effects of the Digital Age on jurors. The four remedies discussed in this Article are (1) penalizing jurors, (2) investigating jurors, (3) allowing jurors to ask questions, and (4) improving juror instructions. During the discussion on jury instructions, this Article analyzes two sets of jury instructions to see how well they adhere to the suggested changes proposed by this Article. This is followed by a draft model jury instruction. * Associate Professor of Law, University of Dayton School of Law. In addition to researching and writing on issues impacting jurors, the author edits a blog titled Juries. Prior to teaching, he served in the military, clerked for a federal judge, and worked on Capitol Hill. He earned his BA (French) from Morgan State University, JD from Northeastern University School of Law, and LLM from Georgetown University Law Center. His next article, Investigating Jurors in the Digital Age: One Click at a Time, will appear in the University of Kansas Law Review. The author would like to acknowledge Professor Nancy Marder and Dean Margaret Raymond for their useful and helpful suggestions. In addition, research assistants David Marviglia, Mike Porter, and Christine Seppeler were invaluable. This Article also benefitted from thorough editing by the staff of the University of Colorado Law Review. Of course, any errors or mistakes in this Article are solely the responsibility of this author.