Jury Instructions for the Modern Age
Iowa – Civil: Archaic; Criminal: Archaic Civil Instructions Iowa’s civil jury instructions were last revised in 2004, and do not address use of the Internet or social media, or even juror exposure to traditional media. They include only general statements that The following are not evidence: … 4. Anything you saw or heard about this case outside the courtroom.203
Criminal Instructions Like the civil instructions, Iowa’s criminal jury instructions have not been revised since 2004. The only statement regarding extrinsic evidence is the same as the civil instructions.204
Kansas – Civil: Archaic; Criminal: Modern Civil Instructions The civil instructions in Kansas do not mention any social media or Internet sites by name. But they do give some of the rationales for the restrictions on jurors’ communications and activities. There are a few general rules of conduct with which all members of the jury panel should be familiar. (a) Keep an open and attentive mind throughout the trial. Do not make up your mind or attempt to reach a decision until the conclusion of the entire case and its submission to you for deliberation. Before that time do not discuss the case among yourselves. At no time discuss the case with anyone else or permit others to discuss it in your presence. As an additional precaution, do not converse with the attorneys, parties, or witnesses during the trial. Should anyone attempt to discuss the case with you, report the incident to the bailiff. (b) To keep an open mind, do not listen to or read news accounts of the trial proceedings. Often such accounts are based upon incomplete information and give a distorted view of the case. (c) Do not inspect any particular place or thing in controversy unless so directed by the Court. The scene or thing may have changed. You are to reach your verdict from the evidence and testimony presented in Court.205
Criminal Instructions The state’s criminal pattern jury instructions, meanwhile, have been revised to specifically mention a number of social Internet sites and services. As jurors chosen to try this case, you must base your decision only on the evidence presented here in open court during this trial and my instructions on the law. Therefore, from now until I dismiss you from jury service you must not: • Conduct any research on your own or with anyone else about the issues of this case. • Use dictionaries, the internet, any book or any other source to look up an information about the issues of this case. • Investigate the issues, conduct experiments, or try to gain any specialized knowledge about the case. • Receive help from any outside source in deciding the case. • Listen to discussions among other people about this case or receive any information from them. 203. Iowa Civ. Jury Instr. 100.4 (2004), available at www.lb8.uscourts.gov/researchdirectory/.../iowacrim-jury-instr.doc. 204. Iowa Crim. Jury Instr. 100.5 (2004), available at www.lb8.uscourts.gov/researchdirectory/.../iowaciv-jury-instr.doc. 205. Pattern Instr. Kan. 4th, Civ. 101.10 (4th ed. 2008). Reynolds Courts & Media Law Journal
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