Juror Misconduct & Criminal Contempt. In California, Tweet and Go to Jail
Hayes Hunt
In an effort to deal with the ever increasing misuse of social media at trial, the California Legislature amended the criminal contempt definition to include juror misconduct as outlined below.
CA Assembly Bill 141. Signed into law by Gov. Brown on Aug. 5, 2011. Amends Sections 611, 613, and 1209 of the Code of Civil Procedure and Sections 166, 1122, and 1128 of the Penal Code.
Courts must remind jurors “that the prohibition on research, dissemination of information, and conversation applies to all forms of electronic and wireless communication.”
Contempt of court includes “[w]illful disobedience by a juror of a court admonishment related to the prohibition on any form of communication or research about the case, including all forms of electronic or wireless communication or research.”
Makes a misdemeanor: “Willful disobedience by a juror of a court admonishment related to the prohibition on any form of communication or research about the case, including all forms of electronic or wireless communication or research.”
Makes violations of the revised statute punishable by up to six months of jail time for criminal contempt.
