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Technology, Social Media & the Impact on the Courts

Technology, Social Media & the Impact on the Courts. Marcus Reinkensmeyer , Court Administrator Jessica Funkhouser , Special Counsel Superior Court in Maricopa County. Social Media Revolution. YouTube Video: Social Media Revolution 2 http://www.youtube.com/watch?v=lFZ0z5Fm-Ng.

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Technology, Social Media & the Impact on the Courts

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  1. Technology, Social Media & the Impact on the Courts Marcus Reinkensmeyer, Court Administrator Jessica Funkhouser, Special Counsel Superior Court in Maricopa County

  2. Social Media Revolution • YouTube Video: Social Media Revolution 2 • http://www.youtube.com/watch?v=lFZ0z5Fm-Ng

  3. What is “Social Media”? • “Use of web-based and mobile technologies to turn communication into interactive dialogue” – Wikipedia • Electronic communication via internet and mobile-based tools • Interactive • Networking • Sharing opinions, information & content • Building communities and networks • Encouraging participation and engagement

  4. Examples • Facebook – status updates, photos, videos, check-in • MySpace – similar posts • LinkedIn – professional networking • Twitter – 140-character updates • Blogs – anonymous and not • YouTube – on-line videos and blogging

  5. How to Access “Social Media” • Home and office computers • Laptops, netbooks & tablets • PDAs • Cell phones, Smartphones • Web TV

  6. Smartphone Capabilities • Access the internet • Photos – take, send, receive, edit • Videos – ditto • E-mail – synch with office and personal accounts • Read & edit documents • Skype and FaceTime • Tunes • “Apps”

  7. Apps • Google search • Maps – including satellite and street view • Facebook • GPS • Twitter • Newspapers, magazines, books • Wikipedia Mobile • Angry Birds & other games • Pandora Radio

  8. How Many Apps? • Apple’s App Store opened July 10, 2008 • January 2011 – 350,000 apps • May 2011 – 500,000 • Google’s Android market should surpass Apple by July 2011. • Apple Talk, Josh Lowensohn (May 24, 2011)

  9. Opportunities – Reaching a Broader Audience • Large segments of the population are using social media • Young people = largest group • And even Baby Boomers = largest increase in Facebook users: women 55 and older • Reporters

  10. “Facebook Demographics Revisited – 2011 Statistics” • Web Business by Ken Burbary, Mar 7, 2011

  11. “Facebook Numbers Feed IPO Outlook” • The Wall Street Journal, WSJ.com, Geoffrey A. Fowler (May 1, 2011) • Facebook on track to exceed $2 billion in earnings • It is one of the largest technology companies • More than 600 million users, who share photos, Web links and tastes….

  12. Facebook Statistics • 200 million people access Facebook via a mobile device each day • More than 30 billion pieces of content are shared each day • Facebook generates a staggering 700 billion page views per month • Source: facebook.com

  13. Where Do Young People Get News? • Where do young people get their political news and information? • http://www.youtube.com/watch?v=DKm6JYCfDLs

  14. YouTube – Others are Posting Information About the Court • Posting video clips from court’s “For the Record” system • Arizona’s court records rule requires release to individuals/media upon request (with exceptions - Rule 123) • Or filmed by media camera in the courtroom (Rule 122) • Some go “viral” • Then people blog about the video

  15. DMX on YouTube • http://www.youtube.com/watch?v=5EtET9Va9oM

  16. YouTube: Officer Swipes Notes From Lawyer • http://www.youtube.com/watch?v=UIoyJ-LyAaE

  17. “Who Tweets?” • Pew Research Center, Aaron Smith & Lee Rainie (Dec. 9, 2010) • “Do you ever use the internet to use Twitter or another service to share updates about yourself or to see updates about others?” • August 2008 – 6% of internet users • Sept. 2010 – 24% of internet users

  18. Twitter Use • Young adults 18-29 • Minority internet users more than twice as likely to use Twitter • Urban residents roughly twice as likely • Women and college-educated slightly more likely than average • 24% of Twitter users check several times a day

  19. Opportunities – Facebook Community Outreach • Access to court services • Self-help forms • Public information • Seminars for the public • New court services • Awards • Special projects • Volunteer opportunities • Job openings • Court locations & parking

  20. Opportunities – TwitterSpeed of Communication • “Real-time” communication by Court PIOs • Posting directly from courtroom vs. adding content to websites or sending emails from office • Immediate release vs. delayed press releases • Fewer phone calls to/from media & public

  21. Opportunities – Directs Court Customers to Court’s Website • Tweets • “Initial Appearance Video for Earl Simmons (DMX) is now on website” • High Profile case site has been updated on court’s website

  22. Opportunities – Reporters • Ensures they receive accurate information • Ensures they get information the Court wants them to have • Fewer reporters in courtrooms, taking up seats and places in long security lines • Media relations improved

  23. “Massachusetts Brings Social Networking to the Courtroom” • Yahoo News, Molly McHugh (May 2, 2011) • OpenCourt experiment • Partnership between court and Boston NPR station • Allows “journalists, bloggers, and anyone with an iPhone to use Wi-Fi to create real time updates and live stream cases as they unfold.”

  24. OpenCourt = camera = transparency = democracy? • Goal: “foster openness of the American courts with the idea that more transparent courts make for a stronger democracy.” • Controversy: invasion of privacy – defendant doesn’t want public to view his trial at home • Defense attorney: fraught with perils – attorney’s conversation can be picked up • Judge has discretion on whether stream goes live; can protect witnesses, etc.

  25. Tweets re: WikiLeaks Founder’s Hearing • One reporter told his Twitter followers: “judge just gave me explicit permission to tweet proceedings ‘if it’s quiet and doesn’t disturb anything’”. • Another reporter added: “In an amazing nod to the fact we live in digital age, judge has said we can tweet.” • The Telegraph, Shane Richmond (Dec. 15, 2010)

  26. News Flash from Arizona - 1979 • Since 1979, Rule 122, R.Ariz.S.Ct., permits cameras in the courtroom • Proceedings have been live-streamed from Arizona courtrooms for years • Reporters, the public and Court PIOs have been blogging & tweeting directly from the courtroom • No telephone photos – any photography must be pursuant to Rule 122, with the Court’s permission

  27. Pitfalls: “As Jurors Turn to Web, Mistrials are Popping Up” • New York Times, John Schwartz (Mar. 18, 2009) • 9 jurors doing internet research during federal court trial • Juror posted updates on Twitter and Facebook during a federal corruption trial

  28. Pitfalls – Misconduct / Mistrials • Lawyer disbarred for blogging while serving as a juror • New trial sought because 5 jurors became Facebook friends and “changed jury dynamics” • Maryland murder conviction reversed when juror researched definition of “lividity” on Wikipedia

  29. “Google” Mistrials • Juror watched an A & E report on the case • Jurors texted during trial & chatted with bailiff, and prosecutor posted a ditty about the trial on Facebook • Defendant “tweeted” during trial • “Until today I never understood the true depth that ineffective counsel could achieve. The 6th Amendment screams for justice.”

  30. More Juror Issues • Prospective juror in Casey Anthony trial posted info about the trial on Facebook, including “Book coming soon.” www.wesh.com, May 14, 2011. • Judge denies post-trial request to inspect internet records of juror. Dayton Daily News, Denise Callahan (May 23, 2011)

  31. Arizona’s “Google” New Trial • Aguilar v. State, 224 Ariz. 299, 230 P.3d 358 (App. 2010) • Bailiff discovered “extraneous documents” in foreman’s notebook • Reported to counsel • Motion for new trial • Trial judge held full evidentiary hearing

  32. Aguilar v. State – Facts • Foreman “Googled” – “first degree murder Arizona” • Printed definitions and brought them to jury room • Juror 9 researched “premeditation” • Jurors discussed and considered these definitions • They were “significantly different” than the Court’s instructions

  33. Aguilar v. State – Facts • Foreman “considered” his research • Juror 9 – confused but then internet definition “solidified my thinking” • Juror 11 – definitions “helped me understand” • Juror 2 – the jury “considered” them & information was “important” • Juror 7 – agreed it was “important” in the juror’s deliberation process.

  34. Aguilar v. State – Law • State must prove beyond a reasonable doubt that the misconduct did not taint the verdicts. • Defendant is entitled to new trial if it cannot be concluded beyond a reasonable doubt the extraneous information did not contribute to the verdict.

  35. Aguilar v. State – Factors to Consider • 1. Importance of the word or phrase being defined to the resolution of the case • 2. Extent to which the dictionary definition differs from the jury instructions or from the proper legal definition • 3. Extent to which the jury discussed and emphasized the definition

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