03.18.09
Juror Expectations and Technical Sophistication
There have been many recent newspaper articles expressing concern about jurors who do independent internet research, blog, twitter, etc., about cases on which they are empaneled to serve. This issue is not specifically a Georgia DUI issue, but it is one of concern to a lot of folks in our profession, and it tells us a lot about the sophistication of jurors and their probable expectations.
First, to all potential jurors, it is always a bad idea to disregard a judge’s instructions regarding juror conduct. The Defendant in your case may be going to jail, you don’t want the cell next to him.
But what do these juror actions tell us? It seems we must all understand that many jurors approach their task with a much higher degree of technical sophistication than had been previously presumed. As it applies to DUI, we will probably see jurors with a better understanding of many of the technical and scientific aspects of a typical DUI case. Years ago, we referred to a “CSI” effect, where jury surveys showed an expecation that the State present sophisticated scientific evidence like what was seen on the TV show. Soon thereafter, every local police department seemed to have purchased a van with “Crime Scene Investigation” stenciled on the side.
It seems we have progressed far past that initial “CSI” effect. Jurors have moved beyond the mere need to have sophisticated machines shown to them. They seem to want a reasonable explanation of how they work and whether they are precise. Further, with such ready access to the internet, it seems jurors want to confirm for themselves whether a breath test machine is indeed accurate, if certain medications do impact a driver’s abilities, or if the source programming code to the state chemist’s testing equipment has any inherent flaws. These expectations must be addressed in any DUI defense.
We expect the courts will struggle for some time with the issue of jurors ignoring court instructions on outside research and that this matter will be eventually resolved in some form or fashion. However, the lesson must not be ignored. A proper defense, especially in DUI, requires a keen understanding of the technical and scientific issues involved so that the jurors will be satisfied with what is presented.
K & B, llc
