Tech Talk

The American justice system is facing a threat that could result in the incarceration of the innocent and freedom of the guilty.

Graphic courtesy of California Court System

For years, judges have instructed juries to refrain from reading newspapers or watching local television news to preserve each defendant’s right to a fair trial.  However, the Internet threatens to strip our society from that inherent right of all men, women and children.

As Americans, and particularly folks from Southwestern Connecticut, become increasingly connected, it is becoming more difficult to avoid tainting a jury pool.  Countless blogs, tweets and Facebook statuses are disseminated everyday on a variety of topics — in an unpredictable manner.  As an example, a Tech Talk post from last week reported that almost 100 million words a day were posted in Facebook status updates at the beginning of the year.  It is impossible to anticipate the information one will find by logging onto the net.

For this reason, judges need to instruct juries to not just avoid – but stop visiting blogs and social networking sites – during their service as a juror.  Who knows, as was mentioned in a Tech Talk post earlier this week, it might even do the jurors some good to cut their digital leash for a little while.

The Internet also allows people, jurors included, to find supplemental information.  Jurors should be banned from using the net to find more information on the case they have been selected to offer a judgement on.

A TIME article reported that one juror doing research led to a mistrial in Miami.  This juror should be imprisoned.  It may seem harsh, but such actions threaten the very integrity of this country’s jury system — it’s that simple.  Think that juror’s actions were an isolated incident?  Think again! It was determined that at least nine of the 12 jurors Googled after hours.  America needs to get serious on this issue.

In another instance cited in the same article, a New York City juror sent a Facebook friend request to a witness during deliberations.  Following a guilty verdict, the defense team tried to get the verdict overturned, according to the article.  If the request had been granted, a potentially guilty person could have gone free and threatened the innocent.  If this person was innocent, someone who should not have been jailed was. How would you like to be imprisoned for something you did not do because of Facebook?  Either way, it is clear that judges need to prohibit jurors from utilizing social networking sites entirely during trials — and make clear that any use of the Internet, or any other means, to get supplemental information or to connect with people involved in the case will be a jailable offense.

A federal appeals court upheld a $200M  judgement against Microsoft Corp. and issued an injunction that will stop the technology giant from selling some of its Word software until it is altered, the Associated Press reports.

The injunction will go into effect against the world’s biggest software maker on Jan. 11, the wire service reported in the past hour.

Microsoft had appealed a jury decision in favor of I4i LP, a Canadian company, that successfully argued recent editions of Microsoft Word had infringed on a patent, according to the AP.

However, the court ruled that the decision does not affect copies of the programs sold before the injunction goes into effect, the AP reported.

Word, which is part of the Office suite, is used by more than 500 million people, Bloomberg News reported.

As a result, Microsoft has argued that the injunction will not just only hurt the company but also the public, the AP reported.

However things might not be as bad for consumers as Microsoft may be making them out to be.

Bloomberg reported:

Copies of Word 2007 and Office 2007, with (a feature allowing for the customization of the markup language XML) removed, will be available for U.S. sale by Jan. 11, and “beta versions of Microsoft Word 2010 and Microsoft Office 2010, which are available now for downloading, don’t contain the technology covered by the injunction,” said company spokesman Kevin Kutz.