Courts Move to Ban Cell Phone Use

These days, it seems like nearly everyone has an iPhone or a BlackBerry. However, if you’re selected for jury duty, don’t plan on passing time playing mobile games or microblogging on Twitter — many courts are placing a ban on cell phone use by jurors or potential jurors.

A ban on cell phone use may seem extreme, but as technology makes it easier for people to find information anywhere at any time, mistrials are becoming increasingly common.

Jurors’ Responsibilities & Rules of Evidence

Once jurors are selected for a criminal trial, they are not allowed to search for information on the case outside of the courtroom. Jurors must reach a verdict based on only the evidence admitted in the trial.

However, smartphones allow jurors to look up several details on the case, which violate the legal system’s rules of evidence. Online maps can provide directions and estimated travel times, while medical websites can give jurors ideas about any conditions that may be part of a case.

As part of basic trial procedure, jurors are not allowed to reveal the deliberations that go on in the jury room, but social networking sites like Facebook and Twitter allow jurors to update their friends and colleagues on the process.

If a judge finds out that a member of the jury has been doing research or sharing information on the case, the juror could get thrown off the jury — or the judge may even declare a mistrial.

Al Roker’s Jury Room Scandal

While jurors’ responsibilities may seem obvious, many people are so used to being connected that they don’t even realize that what they’re sharing could amount to a mistrial.

Recently, NBC weatherman Al Roker made headlines when he reported for jury duty and posted some pictures of the courtroom to Twitter.

As you can tell from some of his tweets posted below, people responded that what he was doing might be against the law.

• 6:11 a.m. Well, it’s Thursday and after a few wxcasts, I’m off to Jury duty dowtown. But before i go, here’s TODAY”s Tweather
• 10:32 a.m. So everyone is clear, I am NOT taking pictures in the courtroom. I am in the jury lounge. So folks need to lighten up.
• 10:32 a.m. I’m not breaking laws…just trying to share the experience of jury duty. One that I think is important and everyone should take part in
• 11:04 a.m. And to be clear, no court official told me it was ok to take pictures, just that you couldn’t take pictures in the court room.
• 11:37 a.m. Heading to a courtroom. No pictures
• 3:01 p.m. Must be a slow news day. Was stalked by video-razzi from TMZ and the NY POST because I posted a pic from the jury room on Twitter.
• 3:06 p.m. Whew. Learned a lesson. No, I repeat, no court personnel told me it was ok. Going back into the courtroom, iPhone buried deep in my bag
• 6:08 a.m. Well, citizens of the United States of Twitterville, it was a fun day yesterday, with jury duty and twitpicking when I shouldn’t. Now onward

It’s obvious that Roker made an innocent mistake and didn’t know that taking pictures wasn’t allowed. If he weren’t a celebrity, there is no way this story would’ve made headlines. However, it is an excellent example of how everyone uses their cell phones without even considering the consequences.

Enacting Bans Across the Country

Many states have developed specific instructions to be issued by courtroom officials that ban cell phone use. The instructions specifically state that use of cell phones, computers or other mobile Internet-enabled devices can result in exclusion of jurors, imposition of fines and mistrials.

Lawyers and judges handling jury trials in states that have not enacted a ban on cell phone use should be encouraged to talk to potential jurors about the legal implications of using smartphones or other mobile devices in the courtroom.