Jury Instructions to Avoid a #Mistrial

Puerto Rico continues to be a very forward thinking Court when it comes to social media. Magistrate Judge Silvia Carreño-Coll issued the following Jury Instructions on Social Media usage in a product liability case:

JURY INSTRUCTION 30

NO SOCIAL MEDIA

During your deliberations, you must not communicate with or provide any information to anyone by any means about this case. You may not use any electronic device or media, such as a telephone, cell phone, smart phone, iPhone, Blackberry, or computer; the internet, any internet service, or any text or instant messaging service; or any internet chat room, blog, or website such as Facebook, MySpace, LinkedIn, YouTube, or Twitter, to communicate to anyone any information about this case or to conduct any research about this case until I accept your verdict.

Quilez-Velar v. Bodies, 2015 U.S. Dist. LEXIS 20817, 36 (D.P.R. Feb. 19, 2015).

social-media-419944_1280

Lord have mercy if a juror posts a selfie during jury deliberations to Instagram.

Judge Carreño-Coll’s “must not” list is extremely thorough on stating how jurors cannot communicate on social media, or any other communication, during their deliberations. While it is difficult to imagine a juror doing it, someone posting a vlog on YouTube about their jury deliberations during a trial is an excellent way for a Judge to say “hashtag mistrial.”

It is ok to “live Tweet” the Oscars, the State of the Union, or your favorite television show. Jurors live Tweeting a trial undermines the integrity of the judicial process. It is the duty of attorneys and Judges to ensure jurors understand their role during a trial and that posting to social media could have serious repercussions on the rights of the parties.

It is great to see the Federal Court in Puerto Rico including such comprehensive lists in their jury instructions. Keep up the good work.

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