Blackberrys and iPhones Causing Problems in Court
The New York Times recently discussed a problematic new trend happening during jury trials. That trend being jurors using Blackberrys and iPhones to gain information through the internet about the case they are hearing. Read the article here.
On top of these devices distracting the jurors from focusing on the case, internet services provided through Blackberrys and iPhones allow jurors to research technical aspects involved in the trial they are hearing or simply find out information about the parties themselves. Information that can be prejudicial and prohibited from being considered pursuant to state and federal trial rules.
Indiana Rule of Evidence 606(b) states that jurors may be called to testify on the question of whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear on any juror.
In 2002, the Indiana Court of Appeals held that when a juror looked up in the dictionary the word "preponderance"' between jury deliberations, it did not constitute misconduct warranting a mistrial. The court explained that the meaning of the word did not effect jury deliberations and the dictionary definition was essentially the same as the jury instructions being used in the case. See South Bend Clinic, Inc. v. Kistner, 769 N.E.2d 591 (Ind. Ct. App. 2002).
