These days, it seems as though there’s a trial of the century every week or two. Media coverage of court proceedings has never been more intense, even with Nancy Grace focused on Dancing with the Stars. The proliferation of smartphones, tablets, and other internet-connected devices has given jurors almost unlimited access to media reports, which often discuss matters that aren’t admissible. Even though judges in criminal cases routinely instruct jurors not to “read or listen to any news media coverage of this case or trial,” N.C.P.I. – Crim. 100.25, and not to discuss the case with anyone, id., it may be difficult for jurors in very high profile trials to avoid seeing, hearing, or reading about the case. Reporters, bloggers, paparazzi, and others may even seek out jurors during trial. One solution to all this is to sequester the jury – to have the jurors stay together, typically at a hotel, for the duration of the trial, with court or security personnel guarding against unauthorized media access by the jurors, and against attempts by media to contact the jurors. North Carolina law clearly authorizes the practice: G.S. 15A-1236(b) provides that “[t]he judge in his discretion may direct that the jurors be sequestered.” See also G.S. 9-17 (providing for sequestration and requiring the state to pay expenses associated therewith); G.S. 15A-1214(j) (providing for sequestration of jurors during jury selection in a capital case). Partial sequestration, in which jurors are allowed to sleep at their own homes but are kept together and isolated [...]
Faculty Coordinators
