"TRIAL BY GOOGLE": CAN FAIR CRIMINAL JURY TRIALS STILL BE GUARANTEED IN THE DIGITAL AGE?

Abstract

The jury has long had a place within criminal legal systems of the world, including Canada’s. The wisdom of our system’s continued endorsement of the criminal jury depends on the validity of a key presumption: that verdicts rendered by criminal juries are fair. However, a modern obstacle has thrown a wrench into this presumption, challenging the long-held notion we can guarantee fair jury trials: the Internet. Indeed, jury trials are increasingly being derailed by jurors who turn to the Internet to conduct independent research into the facts, evidence, parties, and/or law surrounding the case. In this project, the author explores the likely prevalence of online juror research [“OJR”], its impact on the accused’s constitutional right to a fair trial, jurors’ underlying motivation(s) for engaging in OJR, and, ultimately, the efficacy of any tactics used to deter or detect such misconduct, whether currently in use or that could potentially be implemented.