02/09/2010
Subscribe
Classifieds
Public Notices
Court Records
Advertising
Username: Password:


HOME
LEGAL
Articles
2009 November 23rd
Are your jurors researching the case during trial?
11/23/2009 headlines...
JBA welcomes Florida Bar President Diner
Kottkamp in town
Bank bus driving homebuying
JBA Franchise Law Section Chair Debra Hill
Lawyer Snapshot
Are your jurors researching the case during trial?
Guardian ad Litem program volunteer opportunities
Elmo drive to benefit Wolfson Children’s Hospital
50 years ago this week
Holland & Knight, Chamber host Irish
YLD nominations now being accepted
Shorstein to chair committee


Boyer

Are your jurors researching the case during trial?

11/23/2009
by The Honorable Tyrie W. Boyer

Justice R. Fred Lewis of the Florida Supreme Court recently requested that the Supreme Court Committees on Standard Jury Instructions (SJI), Civil and Criminal, prepare instructions regarding a problem which has developed in recent years. Apparently it has become common for jurors to use their cell phones, Blackberrys, iPhones and other computers to do research for and during trials and deliberations. As a result there have been a rash of mistrials throughout the country when the courts learn that a jury went beyond the evidence in the courtroom. Apparently the jurors feel that Florida Standard Jury Instructions 1.1 and 2.1 do not prohibit such activity.

There was one case where a witness was found to be chatting with one of the parties via text messaging, while the witness was on the stand and the lawyers were at the sidebar. Other cases involve jurors researching with cell phones, everything from the reputation of lawyers and witnesses, to opinions held by others regarding facts similar to those presented at trial.

The SJI Committee, Civil, upon which I serve, has worked extensively with the criminal committee counterpart to write a proposal for the Supreme Court’s consideration. However, the final draft will not get to the Court before January, 2010. In the meantime, lawyers and judges need to be aware of the problem and consider special jury instructions to be given before voir dire, opening statements, closing statements, and deliberations. It is hoped that during voir dire the lawyers will take the opportunity to educate the jurors on the necessity to avoid obtaining or utilizing any information not provided by the lawyers and the judge.

Trials are time consuming and expensive. By addressing this problem with the courts before trial (and with the jurors during trial), the parties may avoid a mistrial as well as an expensive retrial.
In the past six months, have you paid a bill after the due date?
Yes
No
What's your opinion on the issues? The Daily Record will have a question each week and it's your chance to make yourself heard.
Poll Results

Monday 01/25 - Sunday 01/31
Do you think you are overweight?
The results through in-person and Internet voting:
Yes - 65%
No - 35%
Last Week
Month
3 Months
The Daily Record has been published for 26,527 consecutive weekdays
 

Covering events in the Realty and Building
communities in Northeast Florida.
The Only North Florida and South Georgia
Monthly Golf Publication.
10 North Newnan Street · Jacksonville, FL 32202
(904) 356-2466 · Fax (904) 353-2628
© 2009 Bailey Publishing & Communications, Inc. All Right Reserved. e-mail: webmaster