I understand why jurors need to be sequestered from media coverage and stuff, but it’s crazy that they’re prohibited from doing ANY internet research or fact-checking related to the case. Some guy is being fined $11k because he Googled a patch that an ICE officer was wearing in their case – the jury was told in court it was a trade workers’ union patch, but the guy didn’t think it was since he was a retired pipe fitter and didn’t recognize the logo. So he went home and googled it and says he found it to be a white supremacist logo. And since he googled it, he’s being charged with contempt and fined for the costs of the mistrial he caused by doing so. But like… doesn’t that mean that our court system is set up so that juries could be lied to (by prosecutors, etc) and be unable to do any verification or fact-checking without literally committing a crime……?
the idea is that defendants have the right to know the evidence that’s being used to render judgement. so all of the evidence needs to be presented at trial. jurors going off and collecting their own evidence means that the defense (or, in this case, prosecution) has no chance to respond to it
what should have happened in this case is that the defense should have done that research and presented it to the jury to demonstrate that the prosecution was lying. that is the fact-checking mechanism that exists for this case. the fact that the defense missed that is a massive blunder
Defense lawyers, in particular public defenders, are overworked and underpaid. The US criminal justice system (despite measures theoretically in place to prevent wrongful conviction) is structured to prioritize securing convictions over anything else. This is not “ah, this person’s lawyer was incompetent and that’s why the system didn’t work!”, this is a system specifically designed to ensure justice is not done.
Be that as it may, those are distinct issues from the rule that all evidence used in the decision has to be presented at trial. that rule is not the core of the issue
The example given at the beginning should be sufficient to demonstrate that both the rule itself and the way it is enforced in practice do in fact cause problems. The idea that, in theory, it shouldn’t have caused a problem because the defense should have done x does not mean this rule makes sense.
The general idea that juries should be blank slates making decisions based only on courtroom arguments in a complete contextual vacuum is a farce. The least we could do as a society is let juries have access to relevant background information about a case, even if through limited channels.
I mean, serious question: if you were convicted of a crime based on evidence that was never presented in a courtroom and you therefore never had a chance to defend yourself against, would you consider that to have been a fair trial? Because that’s what this is there to prevent















