Guilty as Tweeted: Jurors Using Social Media Inappropriately During the Trial Process

63 Pages Posted: 19 Nov 2012 Last revised: 25 Jan 2013

Date Written: November 16, 2012

Abstract

Social media is ubiquitous, millions of people use it worldwide. However, some of these people (albeit a small proportion) are jurors. If jurors use social media during a trial inappropriately, it can have devastating repercussions to an accused’s right to a fair trial. For example, the juror’s impartiality may be affected. This article examines why jurors use social media inappropriately. It also provides recommendations tailored to the Australian courts about how to prevent jurors from using social media inappropriately and how to contend with the relevant juror. Given the high number of Australians that use social media, the courts should seriously consider this issue.

Keywords: trial, trial process, court, courtroom, juror, jury, social media, Twitter, Facebook, juror misconduct

Suggested Citation

Krawitz, Marilyn, Guilty as Tweeted: Jurors Using Social Media Inappropriately During the Trial Process (November 16, 2012). UWA Faculty of Law Research Paper No. 2012-02. Available at SSRN: https://ssrn.com/abstract=2176634 or http://dx.doi.org/10.2139/ssrn.2176634

Marilyn Krawitz (Contact Author)

Murdoch University ( email )

South Street
Murdoch 6150, Western Australia
Australia

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