Rules for jurors during a trial: no research, no posting, no talking

Juror rules can seem strict. No Googling a legal term, no checking a map of the crime scene, no telling your spouse what the case is about. They exist for one reason: the verdict has to rest only on the evidence and law presented in court, where both sides can see and respond to it. This guide explains the main rules, drawn from the federal Handbook for Trial Jurors, and what to do if something goes wrong.

The principle behind the rules

The federal handbook ties the rules to the Sixth Amendment's guarantee of an impartial jury. It quotes Justice Oliver Wendell Holmes: "The theory of our system is that the conclusions to be reached in a case will be induced only by evidence and argument in open court, and not by any outside influence, whether of private talk or public print."

The handbook explains the practical side too. Outside information may be only half true, biased, inaccurate or irrelevant. Even when it's accurate, the parties never got a chance to answer it. Breaking the rules can also leave a juror struggling to separate what was said in court from what came from somewhere else.

Rule 1: Don't research anything

The handbook says jurors should not do any outside research, including consulting dictionaries or reference materials, in print or online. Specifically, don't use any electronic device or the internet to look up information about:

• the case or the people involved;
• the legal terms or procedures being used;
• the location or scene of events;
• the lawyers, judge or witnesses.

The handbook adds that jurors should never visit or inspect the scene of an accident or event, in person or online. If the jury needs to see the scene, the judge will take everyone together.

Rule 2: Don't talk about the case, even at home

Until the trial is over, don't discuss the case with anyone who isn't on the jury, including your spouse or family. The handbook says this includes electronic communication and social networking on computers, tablets and smartphones.

What you can say: that you're on a jury, roughly how long it may last, and when you need to be at court. What you can't say: anything about the facts, the parties or your impressions.

The handbook also tells jurors not to discuss the case among themselves until it's concluded and deliberations begin. Virginia's answer book gives the same instruction for state trials.

Rule 3: Avoid news and social media coverage

The handbook says jurors must not read about the case in newspapers or online, and should avoid radio, television and internet broadcasts that might mention it. That includes RSS feeds, automatic alerts and chat rooms. Practical steps:

• mute keywords related to the case on social apps;
• turn off news alerts for the duration of the trial;
• ask family not to bring up news stories near you.

Rule 4: Don't post about the trial

Posting about the trial, even something vague like "long day in court, can't wait for this to be over," can cause problems if it invites comments about the case. The handbook bars using any internet chat room, blog or website to communicate information about the case. The safest rule is to post nothing about your jury service until the trial ends.

Rule 5: Avoid the people involved

Don't talk with the lawyers, parties or witnesses about anything, even the weather. The handbook warns that such contact can force a new trial, at significant extra cost to the parties, the court and taxpayers. It also advises jurors not to linger in courthouse corridors, where improper contact can happen, and to wear juror badges if provided so others know to keep their distance.

If someone approaches you

The handbook gives a three-step script:

1. Tell the person it's improper for a juror to discuss the case or receive information outside the courtroom.
2. Refuse to listen if they persist.
3. Report it to the judge right away.

Jurors also have a duty to report improper behavior by another juror, and any outside contact aimed at the jury.

If you accidentally learn something

It happens: a headline on a TV in a restaurant, a comment from a neighbor. The handbook's instruction is to tell the court and not mention it in the jury room. The judge will decide whether it matters. Reporting an accident is far better than keeping quiet.

What happens when rules are broken

Consequences can include:

• the juror being removed and replaced by an alternate;
• a mistrial, which wastes everyone's time and money;
• contempt of court for the juror in serious cases;
• a verdict being challenged after trial.

Federal Rule of Evidence 606(b) shows how seriously courts take outside influence. Ordinarily, jurors can't testify about what was said during deliberations to attack a verdict. The rule makes exceptions, though, for extraneous prejudicial information improperly brought to the jury and for outside influence improperly brought to bear on a juror. Those are exactly the problems the conduct rules are meant to prevent.

Sequestration

In rare high-profile cases, judges keep jurors together, sometimes in a hotel, to shield them from outside influence. Virginia's answer book calls this extremely rare. In nearly every trial, jurors go home each night and simply follow the rules above.

Frequently asked questions

Can I tell my boss which case I'm on? You can tell them you're on a jury and how long it may last. Avoid details about the case.

Can I look up a word the lawyer used? No. Ask the judge in writing through court staff. The judge will explain or tell you how to treat it.

When do the rules end? When the judge discharges the jury. See after the trial.

Key takeaways

• Decide the case only on the evidence and law presented in court.
• No research, no discussion, no news and no posting until the trial ends.
• Report outside contact or accidental exposure to the judge.
• Breaking the rules can cause a mistrial or contempt.