Chief Justice Issues Warning: Social Media Threatens Jury Integrity
NSW Chief Justice Andrew Bell expressed concerns about the impact of social media on the fact-finding process in jury trials.
New South Wales Chief Justice Andrew Bell has highlighted the potential risks posed by social media and internet access on jury trials. He cautioned that the integrity of juries could be jeopardized by the prevalence of social media and information tools like Google.
Speaking at an event organized by the Centre for Independent Studies, Bell emphasized that modern jurors having access to a vast volume of extraneous information via their mobile phones and devices could compromise the fact-finding process in jury trials.
He stated, “They will be tempted to draw upon [this] to discharge their responsibility as jurors.”
Bell also pointed out the impact of this issue on the role of jurors in determining the facts in criminal cases, as exemplified by the misconduct leading to the discharge of a jury in the sexual assault trials of Brittany Higgins.
During these trials, a juror was found to possess research materials on sexual assault that were not part of the evidence presented to the jury, prompting the court to dismiss the jury to maintain trial fairness.
To address unauthorized information influencing jury decisions, Bell mentioned legislative changes penalizing jurors for inappropriate conduct.
Decline of Trust in the Judicial System
Bell also discussed the broader issue of declining public trust in the judicial system, emphasizing the potential risks to the credibility of legal institutions.
He cited the example of the United States where a significant portion of the population questioned the legitimacy of the 2020 presidential election outcomes despite court rejections.
Bell noted the importance of maintaining trust and respect for judicial decisions to ensure the courts are viewed as reliable sources of factual information.
In Australia, Bell highlighted mixed evidence regarding public trust in the court system, pointing to surveys that indicated varying levels of trust and distrust among respondents.
Courts and COVID-19 Measures
During the event, concerns were raised about the public’s trust in the courts amid COVID-19 measures imposed by state governments. Bell acknowledged differing opinions on the legality and justifiability of these measures.
He clarified that the courts assessed the measures based on legal analysis and deemed them lawful, acknowledging that not everyone may agree with the decisions based on philosophical viewpoints.
