case . 44 Michigan has followed suit by requiring judges to instruct jurors against the use of electronic devices at the time the panel is sworn in . 45 Florida courts allow for the confiscation of jurors ’ electronic devices at any stage of the trial and specifically provide that they be removed just prior to deliberation . 46
Federal courts have also implemented specific instructions targeted at jurors ’ Internet use . Some use the model jury instructions prepared by the Committee on Court Administration and Case Management to combat this type of juror misconduct . 47 The rules direct the judge to provide the rules as often as possible ; before trial , at the close of a case , at the end of each day before jurors return home , and other times , as appropriate .” 48 The jury instructions enumerate what devices and actions are prohibited by stating , “ You may not communicate with anyone about the case on your cell phone , through e-mail , Blackberry , iPhone , text messaging , or on Twitter , through any blog or website , through any internet chat room , or by way of any other social networking websites , including Facebook , MySpace , LinkedIn , and YouTube .” 49 Also , the instructions compel jurors to inform the court if the instructions are not being followed . The judge states , “ I expect that you will inform me as soon as you become aware of another juror ’ s violation of these instructions .” 50 Some courts have reported success in preventing misuse of social media after issuing these instructions . 51 They believe that it is because in addition to providing specific information on forbidden behavior , judges explain why avoiding the Internet is important in order to provide the defendant with a fair trial . It is believed that jurors respond better to directions if they understand the reason why such requirements have been placed on them . 52
D . Contempt Charges
44
Hect at 51 .
45
Rule 2.51 , Michigan Court Rules ( amended June 30 , 2009 ).
46
Rule 2.451 ( b ), Florida Court Rules ( amended 2014 ).
47
Munisteri , 56 .
48
Judicial Conference Comm . on Court Admin . & Case Mgmt ., Proposed Model Jury Instructions : The Use of Electronic Technology to Conduct Research on or Communicate About a Case ( 2012 ), file :/// Users / reginiajudge / Downloads / jury-instructions . pdf . Last accessed August 14 , 2017 .
49
Id .
50
Id .
51
Jay Munisteri , Use of Social Media By Jurors - Death Knell or Paper Cut to Jury Trial Integrity ?, 60 The Advoc . 55 , 56 ( 2012 ).
52
Id . 26