Ohio to instruct jurors on social media, electronics

By Correy Stephenson The Daily Record Newswire Facing the growing problem of juror use of electronic communications during trial, the Ohio State Bar Association has approved a new state jury instruction. The Jury Instructions Committee of the OSBA approved the instruction in an attempt to limit improper outside influences in both civil and criminal trials. The new instruction admonishes jurors not to obtain any information from outside sources, including: the Internet, reference books, newspapers, magazines, television, radio, computers, BlackBerry devices, iPhones, smart phones or and any other electronic devices, and further admonishes jurors not to send or receive e-mails, use Twitter, text messages or similar updates, blogs and chat rooms, Facebook, MySpace, LinkedIn or other social media sites of any kind to obtain information regarding a trial. "This is a brave new world for the courts," OSBA President Barbara J. Howard said in a statement. "Today's communications tools make it so easy for outside information to seep into the courtroom that could adversely affect the outcome of a case. This new jury instruction is aimed at keeping jurors focused on evidence presented in the courtroom." In addition, the new instruction attempts to limit the influence of television programs that portray jurors or trials, such as Law and Order, Judge Judy, CSI and even older shows like Perry Mason and Matlock, which might "leave jurors with an improper preconceived idea about the legal system." Judges will instruct jurors that they are not prohibited from watching such shows, but emphasize that they should not rely on TV legal programs, which "condense, distort or even ignore many procedures that take place in real cases and real courtrooms." Jurors' increasing use of the Internet has been addressed in Indiana and Michigan, and the California state legislature is currently considering a bill that would warn jurors against the use of all forms of electronic and wireless communications during a trial. The federal courts have also recommended jury instructions that warn jurors against text messaging, tweeting or using other forms of social media to discuss cases. Published: Mon, Jun 28, 2010

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