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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
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.

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