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Court Finds Jury Members Should not Use Internet for Coming to Decisions
Judges who advise jury members that they should not discuss the case with anyone outside the jury may have to add a new warning: jury members should not endeavour to do their own research during the course of the trial by downloading material from the internet. A U.K. court recently quashed a rape conviction and ordered a retrial because of the introduction of material downloaded from the internet into the jury room after the jury's retirement. If jury members do their own research over the internet and take this information into account in reaching their verdict, the court ruled that the verdict is not made "according to the evidence". The consideration of this material by jury members violates two fundamental principles of the justice system: the defendant and the public are entitled to know all of the evidential material considered by the decision-making body; and the prosecution and the defence must have a fair opportunity to address all material considered by the jury.
For a summary and a link to the decision, visit:
http://news.scotsman.com/latest.cfm?id=4140059