The jury's still out on the Internet

In a lecture published on Friday 19th November, Lord Chief Justice, Lord Judge, raised serious concerns about the use of the internet. Recent cases have discovered that jurors have used the internet to investigate the cases they are sitting on, or to discuss the case on social networking sites such as Twitter and Facebook.

Lord Judge has stated that the jury system may not survive if it continues to be undermined in this way. He goes on to say that the internet could 'kill the jury system.'

In particular, Lord Judge singles out Google and Twitter for particular attention, stating that they are threatening the fairness of our judicial system. His main concern is that of jurors using the internet to research cases on which they are attending. These investigations may reveal information that will then prejudice their verdict.

The jury system works by the fundamental tenet that the outcome of a trial is based solely on the evidence given within the court room. No other evidence is permissible. This ensures that all the jurors have equal access to exactly the same evidence as each other. If a juror reveals the defendants previous convictions for example, this will almost certainly prejudice their objectivity, and hence the fairness of the trial. By ensuring that the only permissible evidence is that which is revealed in the court, it also allows the defendant to challenge it under oath, and give their own version of events.

As an example of the sort of behaviour he was referring to, Lord Judge referred to a case earlier this year where a female juror was hauled before the judge for sending tweets about the case using her mobile phone. The exchange of tweets was picked up by someone else outside of the conversation, and who alerted Manchester Crown Court.

"We cannot stop people tweeting, but if jurors look at such material, the risks to the fairness of the trial will be very serious, and ultimately the openness of the trial process on which we all rely, would be damaged." BBC News

While I don't think anyone would disagree with the sentiments of what Lord Judge is saying, I don't think it is fair to place the blame on the internet. While the internet may make it easier to investigate a case, or to discuss a case to wider audience with the use of social networking sites, this is still down to the fact that people are at fault. A juror who is keen to investigate a case can do so without the use of the internet. A juror who wishes to discuss the case can do so without social networking sites.

There should be no differentiation between a juror abusing their responsibilities either in real life or online. The internet only serves to make it easier to do so.

With the growing use of technology and smart devices, the rules and responsibilities of a juror need to be updated to include them. The jury process or the judges themselves need to make it absolutely clear that the use of such technologies and devices is a very serious criminal offence that could in fact find the juror themselves in the dock.

What is needed is clearer guidance on the issue. It seems that technology has far outpaced the guidelines that are currently in use, and this needs to be addressed sooner rather than later.