Rising Juror Misconduct in this Age of Technology

When a criminal case goes to trial, the fate of the defendant is left in the hands of twelve of their peers - the jury. However, with the ubiquitous presence of the internet, smartphones, and all things technological in our lives today, more and more jurors are engaging in misconduct that poses a threat to our traditional criminal justice system. It is critical for every defense attorney to be aware of this increasing issue and how it might bias a jury against a defendant, often resulting in a wrongful conviction that should be appealed on this basis.

In People v. M. Robert Neulander out of Syracuse, New York, a jury convicted a doctor of the murder of his wife. However, despite clear instructions from the judge for the jury not to discuss or communicate about the case with others, one juror received or sent over 7,000 texts about the case during the course of the trial, including texts from her father who wanted to her to take any steps necessary to “make sure he’s guilty.” The juror lied to the court about her texts, deleting her history on her phone. However, the New York Court of Appeals overturned the conviction and set a new trial based on the juror’s misconduct.

Another New York judge recently dismissed an entire jury pool because one juror Googled the defendant’s criminal background and sent the information to the group of prospective jurors. In Texas, a potential juror conducted internet research on a defendant and discussed what he found with other jurors. Such searches can quickly spread bias throughout an entire jury pool.

Federal court is also not immune to such juror misconduct. We all heard about the Boston Marathon bomber’s convictions in United States v. Tsarnaev, though the convictions are now being appealed - partially based on juror misconduct. Two jurors lied during selection and stated they had never commented publicly about the case. However, the foreperson had tweeted 22 times, calling the defendant a “piece of garbage” and mourning the victims. Another conducted a discussion on Facebook during jury selection, with friends telling the juror to “play the part” to get on the jury and ensure the defendant was “taken care of” in prison. That case is being reviewed by the United States Court of Appeals for the First District.

Criminal defense attorney Terry Luck represents defendants facing a wide range of criminal charges in and around the Montgomery area. If you have been arrested or charged with a crime, you need a defense advocate you can trust to closely examine every aspect of your case and take the steps necessary to protect your rights. Contact us today if you need assistance.