I watched the video and it raised some interesting points about the potential for social media to create conflicts of interest for juror
Part A
I watched the video and it raised some interesting points about the potential for social media to create conflicts of interest for jurors. In the case described in the video, the juror was dismissed from the jury after it was discovered that he was friends with the defendant on Facebook.
I think it was appropriate for the court to dismiss the juror in this case. The mere fact that the juror was friends with the defendant on Facebook created the appearance of a conflict of interest. Even if the juror did not actually know the defendant, the fact that they were connected on social media could raise the possibility that the juror would be biased in favor of the defendant.
The juror could have submitted evidence to show that Facebook friends do not always know each other. However, I don’t think this would have been enough to prevent the juror from being dismissed. The court has a responsibility to ensure that the jury is impartial, and the mere appearance of a conflict of interest is enough to warrant dismissal.
Legal Basis
The legal basis for dismissing a juror in this case is the Sixth Amendment to the United States Constitution, which guarantees the right to a fair trial. The Supreme Court has held that the right to a fair trial includes the right to an impartial jury. In the case of Estes v. Texas, the Court held that a juror who had a personal bias against the defendant could not be impartial and therefore had to be dismissed from the jury.
Reference
- Estes v. Texas, 381 U.S. 532 (1965)
Part B
Question 2
Do you think that the use of social media by jurors should be restricted? If so, how should this be done?
I believe that the use of social media by jurors should be restricted. Social media can be a valuable tool for staying informed and connecting with others, but it can also be a source of bias and conflict of interest.
One way to restrict the use of social media by jurors would be to ban them from using social media during the trial. This would prevent jurors from seeing information about the case that could bias them. Another way to restrict social media use would be to require jurors to disclose their social media accounts to the court. This would allow the court to identify any potential conflicts of interest and take steps to address them.
I believe that these restrictions would be necessary to protect the right to a fair trial. Social media can be a powerful tool, but it can also be a dangerous one. It is important to ensure that jurors are not exposed to information that could bias them against the defendant.
Response to Classmate 1
I agree with you that the use of social media by jurors is a complex issue. There are pros and cons to both allowing and restricting social media use. However, I believe that the potential for bias and conflict of interest outweighs the benefits of allowing jurors to use social media.
Response to Classmate 2
I think that your suggestion of requiring jurors to take a social media literacy course is a good one. This would help jurors to understand the potential for bias and conflict of interest on social media. It would also help them to develop strategies for avoiding exposure to information that could bias them against the defendant.
I think that these restrictions would be a reasonable way to balance the right to a fair trial with the right to freedom of speech. They would allow jurors to use social media, but they would also protect them from exposure to information that could bias them against the defendant.