ZiefBrief

California Courts Crack Down on Social Media

The SF Chronicle reports today that, beginning on January 1, all California state judges will be required to warn jurors of the prohibition on using social media and the Internet during a trial. Jurors who ignore the warning may face contempt of court charges, which could include a jail sentence.  The text of the legislation can be found on the California legislative information website.

Death Penalty Conviction Overturned Due In Part to Tweeting Juror

The Arkansas Supreme Court overturned a death row inmate's murder conviction, finding that one juror napped during the trial and another juror tweeted during the trial and deliberations.  This juror tweeted, "Its over," nearly an hour before the jury announced it had reached a verdict.  In addition to overturning the conviction, the court asked the Arkansas Supreme Court Committees on Criminal Practice and Civil Practice to consider whether "jurors’ access to mobile phones should be limited during a trial."  My prediction? In a few years, if you're sitting on a jury, you are going to have to turn in your phone before you take a seat in the box or enter into deliberations.

Professor Hing on Operation Gatekeeper

Professor Hing recently posted on Herman Cain's "electrified fences" proposal as a solution to undocumented immigration and the Border Patrol's use of Operation Gatekeeper.  Professor Hing argues that Operation Gatekeeper, which stepped up Border Patrol enforcement and route blockades in the San Diego sector, has forced undocumented immigrants to attempt crossings in areas with dangerous, hazardous terrain and weather conditions, leading to an increase in deaths among migrants.  Operation Gatekeeper can be viewed as the "moral equivalent" of Cain's electrified fences proposal.