Social Media and the Court: Exploring Impacts, Challenges, and Legal Considerations in the Digital Age

Abstract

Social media has become a greater concern to the judicial system as mistrials and overturned convictions continue to take place because of internet-related juror misconduct. This paper sought to understand the implications of social media on the criminal justice system through its use by jurors, judges, attorneys, and individuals outside of the courtroom. It was found that information regarding criminal cases presented online is often negative, biased, and sensationalized, and frequently contains prejudicial evidence that can undermine a defendant’s right to a fair trial by an impartial jury. Jurors may commit misconduct by researching a case online or by communicating about a case online, both of which hinder their ability to serve as an unbiased party. Judges and attorneys are also at risk of improper personal use of social media, as well as face increased scrutiny online due to social media discourse. This paper also discusses options available to the court to mediate the effects of social media on the trial process and social media misconduct’s greater impact on public perception regarding the integrity of the justice system.