Criminal jury trials: can they survive the internet and social media age?

The fairness of jury trials depends on jurors trying cases based only on the evidence presented in court and the law as directed by the judge.  To ensure this there have long been legal restrictions in England and Wales on juror activities during trial, as well as rules covering media reporting both prior to and during trial.  However, over the last decade, numerous instances of jurors researching their cases and disclosing trial information on social media have led to the prosecution and imprisonment of jurors, and a growing concern amongst the judiciary about how to control juror access to the internet and social media and prevent mistrials.  In 2015 new statutory criminal offences of juror misconducted were created in the Criminal Justice and Courts Act in an effort to address these concerns following  a review by the Law Commission.  The Attorney General is now conducting an inquiry into the impact of social media on criminal trials amidst concerns that existing contempt laws do not prevent "trial by social media”.  This seminar will explore the challenges presented by this complex problem of law and human behaviour, and examine how recent empirical research conducted by Professor Thomas with real jurors in the Crown Court in England and Wales and in close cooperation with the judiciary and Courts Service has been able to identify a solution to this problem.