Controlling Devlin's Jury: What the Jury Thinks, and What the Jury Sees Online
Criminal Law Review 15-29, 2012
28 Pages Posted: 21 Feb 2012 Last revised: 3 Jul 2015
Date Written: January 1, 2012
This paper explores recent developments on judicial directions and juror use of the internet and argues that, at the same time as it has become increasingly difficult to control the evidence a jury sees, the courts have developed strategies for more closely regulating jurors' thoughts. Looking at these developments through the lens of Devlin's classic theory of jury trial, it asks whether the possibility of jury nullification might be undermined by a denial of the jury's power to respond to the case differently from the professionals involved in administering the trial.
Keywords: internet, juries, jury directions, special verdicts
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