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Friday, March 20, 2009

NY Times on How Unauthorized Use of Technology Affecting Trial Outcomes

An article in today's NY Times addresses the increasing
concerns about how the unauthorized use of technology
is affecting trial outcomes.

The article discusses instances of jurors doing Internet legal
research on a case in violation of judge's orders, using
Blackberries and iPhones to discuss cases with outsiders,
and posting updates about cases on Twitter and Facebook.

According to the article, mistrials and appeals resulting from
this kind of unauthorized use of technology are on the increase,
posing more challenges to judges to curtail juror behavior
to protect the integrity of the courtroom. Says Douglas
Keene, president of the American Society of Trial Consultants,
"The technological landscape has changed so much that
today’s judge has to... not just go through boilerplate

Hat tip to Laura Appleman at Faculty Lounge.