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The closest most people will ever get to a real criminal trial is tuning into an episode of Law and Order or Matlock. Even for people who have been accused of crimes a small minority actually make it all the way to trial, since most people are inclined to accept a plea deal that has a guaranteed outcome rather than accepting the possibility of losing a trial with a potentially massive sentence. That’s why when all the players in the criminal justice world get together to coordinate the witnesses, courtrooms, attorney’s, police, liaisons, Judges, clerks, security personnel, and have a full fledged trial the worst possible outcome they can imagine is the dreaded word – Mistrial.
A Mistrial is declared by the trial judge when something happens during the trial that is so problematic to the very nature of the trial that there really is no point in continuing with the trial, since the trial’s legitimacy is lost somehow. There are a number of events that can occur to cause a mistrial as mundane as a hurricane coming through town to a dramatic violent outburst as seen on TV. One kind is relatively new, and it has to do with your constant companion, your cellphone.
Recent Conviction Reversed Due to Juror Misconduct
In a recent case from the 4th DCA, Anthony Green was convicted of possession of a firearm or ammunition by a convicted felon. However, Green appealed the decision, arguing that the trial court made an error by denying his motion for a mistrial based on juror misconduct. The court agreed with Green, reversing his conviction and remanding the case for a new trial.
Background
Legal Analysis
The appeal centered on whether the juror’s misconduct—researching external information about the defendant—prejudiced the verdict. Florida law holds that juror misconduct is grounds for a new trial unless the opposing party can prove it did not affect the verdict. In this case, the court found the juror’s research to be problematic, particularly because it involved information directly related to Green’s prior felony convictions. Multiple Florida Courts have held that a juror’s use of a smartphone has resulted in a mistrial. To be clear, just having a smartphone isn’t the problem, it’s the review of material that is external to an issue relevant to jury deliberations that is the problem.
Trials happen all the time because people disagree about what happened during an incident, or disagree about whether something that happened was reasonable, or disagree about some fine legal point, all which means there is a disagreement that needs resolving. It can be very tempting to resort to the massive library of information that we carry around with us everyday for what you might consider basic information, definitions, background, news, scientific facts. But things that we’ve grown accustomed to in the age of smartphones are the death knell to an orderly and regulated criminal trial that protects the rights of all citizens enshrined in the Constitution.
It can be tempting to look to the smartphone for the answers to tough questions, but know that the same thing that gives speed and assistance everyday, is the same information that can destroy fairness and legitimacy without a second thought. Few people know these rules and the details of criminal trials, so make sure your attorney does.
Questions about a potential mistrial? Need legal help? Contact us today for a free consultation.