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11 Duke L. & Tech. Rev. 1 (2012-2013)

handle is hein.journals/dltr11 and id is 1 raw text is: ENSURING AN IMPARTIAL JURY IN THE AGE OF SOCIAL
MEDIA
HON. AMY J. ST. EVEt & MICHAEL A. ZUCKERMAN
ABSTRACT
The explosive growth of social networking has placed enormous
pressure on one of the most fundamental of American institutions-the
impartial jury. Through social networking services like Facebook and
Twitter, jurors have committed significant and often high-profile acts of
misconduct. Just recently, the Arkansas Supreme Court reversed a death
sentence because a juror Tweeted about the case during deliberations. In
light of the significant risks to a fair trial that arise when jurors
communicate through social media during trial, judges must be vigilant
in monitoring for potential outside influences and in deterring
misconduct.
In this Article, we present informal survey data from actual
jurors on their use of social networking during trial. We discuss the rise
of web-based social networks like Facebook and Twitter, and the
concerns that arise when jurors communicate about a case through
social media before returning a verdict. After surveying how courts have
responded to jurors' social media use, we describe the results of the
informal survey. The results support a growing consensus in the legal
profession that courts should frequently, as a matter of course, instruct
jurors not to use social media to communicate about trial. Although
others have stressed the importance of jury instructions in this area, we
hope that the informal survey data will further the dialogue by providing
an important perspective-that of actual jurors.
t United States District Court Judge, United States District Court for the
Northern District of Illinois. Judge St. Eve earned her J.D., magna cum laude,
from Cornell Law School, and her B.S. from Cornell University. She was
appointed to the federal district court in 2002, at the age of 36. Judge St. Eve is
also an Adjunct Professor at Northwestern Law School.
 Law Clerk to the Hon. Amy J. St. Eve, United States District Court for the
Northern District of Illinois. Mr. Zuckerman earned his J.D., cum laude, from
Cornell Law School, and his B.S. from Cornell University. Mr. Zuckerman
previously clerked for a federal appellate judge on the Sixth Circuit, and a
federal magistrate judge in the Eastern District of New York. The authors
would like to acknowledge the research assistance of Alyssa Cantor, a second-
year law student at the University of Michigan, as well as the editorial assistance
of Jonathan Kelley and his staff at the Duke Law & Technology Review.

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