A federal Judiciary committee has issued a new set of model jury instructions (pdf) that federal judges may use to deter jurors from using social media to research or communicate about cases.
The new instructions, which update and expand on a similar version issued in 2012, were sent to federal judges on Sept. 1.
The new model instructions caution jurors about the many ways social media can undermine a jury’s ability to deliver an impartial verdict. The instructions suggest that reminders about social media restrictions be given throughout the trial, instead of only at its beginning and end, as was recommended in the 2012 version.
“We believe the new language should more effectively guard potential and serving jurors against improper influence,” said Judge Audrey G. Fleissig, chair of the Committee on Court Administration and Case Management.
The 2012 model instructions were drafted when fewer social media platforms existed, and when social media was less universally present in most jurors’ lives.
Jurors today are more likely to see popup social media notifications on their phones and computers, making them more vulnerable to unintentionally hearing about a trial or a sensitive legal issue. And social media has been used with greater sophistication to communicate disinformation and influence public opinion. Taken together, these changes make it challenging for courts to ensure that jury members render their verdicts based only on what happens in the courtroom, as is required.
“Persons, entities, and even foreign governments may seek to manipulate your opinions, or your impartiality during deliberations,” the new model instructions note. “While accessing your email, social media, or the internet, through no fault of your own, you might see popups containing information about this case or the matters, legal principles, individuals or other entities involved in this case. Please be aware of this possibility.”
In a sign of how rapidly social media has changed in eight years, the 2012 model instructions reference smart phone services and social media spaces that have dramatically declined in popularity or even disappeared.
As with the 2012 instructions, jurors will continue to be cautioned not to communicate with anyone about the case until it has concluded, either in conversation or in the form of emails or blog or social media posts.
And jurors will still be emphatically warned against doing any independent research on matters relevant to a case.
“The Sixth Amendment of our Constitution guarantees a trial by an impartial jury,” Fleissig said. “Jurors must decide a case solely on the evidence and law presented to them in the courtroom. In a world where social media can overwhelm us with information and misinformation, it’s important to remind jurors again and again not to be distracted from their civic duty.”
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- Nuclear Weapons: Action Needed to Address the W80-4 Warhead Program’s Schedule ConstraintsBy Sam NewsJuly 30, 2020The National Nuclear Security Administration (NNSA), a separately organized agency within the Department of Energy (DOE), has identified a range of risks facing the W80-4 nuclear warhead life extension program (LEP)—including risks related to developing new technologies and manufacturing processes as well as reestablishing dormant production capabilities. NNSA is managing these risks using a variety of processes and tools, such as a classified risk database. However, NNSA has introduced potential risk to the program by adopting a date (September 2025) for the delivery of the program's first production unit (FPU) that is more than 1 year earlier than the date projected by the program's own schedule risk analysis process (see figure). NNSA and Department of Defense (DOD) officials said that they adopted the September 2025 date partly because the National Defense Authorization Act for fiscal year 2015 specifies that NNSA must deliver the first warhead unit by the end of fiscal year 2025, as well as to free up resources for future LEPs. However, the statute allows DOE to obtain an extension, and, according to best practices identified in GAO's prior work, program schedules should avoid date constraints that do not reflect program realities. Adopting an FPU date more consistent with the date range identified as realistic in the W80-4 program's schedule risk analysis, or justifying an alternative date based on other factors, would allow NNSA to better inform decision makers and improve alignment between schedules for the W80-4 program and DOD's long-range standoff missile (LRSO) program. W80-4 Life Extension Program Phases and Milestone Dates NNSA substantially incorporated best practices in developing the preliminary lifecycle cost estimate for the W80-4 LEP, as reflected in the LEP's weapon design and cost report. GAO assessed the W80-4 program's cost estimate of $11.2 billion against the four characteristics of a high quality, reliable cost estimate: comprehensive, well-documented, accurate, and credible. To develop a comprehensive cost estimate, NNSA instituted processes to help ensure consistency across the program. The program also provided detailed documentation to substantiate its estimate and assumptions. To help ensure accuracy, the cost estimate drew on historic data from prior LEPs. Finally, to support a credible estimate, NNSA reconciled the program estimate with an independent cost estimate. GAO considers a cost estimate to be reliable if the overall assessment ratings for each of the four characteristics are substantially or fully met—as was the case with the W80-4 program's cost estimate in its weapon design and cost report, which substantially met each characteristic. To maintain and modernize the U.S. nuclear arsenal, NNSA and DOD conduct LEPs. In 2014, they began an LEP to produce a warhead, the W80-4, to be carried on the LRSO missile. In February 2019, NNSA adopted an FPU delivery date of fiscal year 2025 for the W80-4 LEP, at an estimated cost of about $11.2 billion over the life of the program. The explanatory statement accompanying the 2018 appropriation included a provision for GAO to review the W80-4 LEP. This report examines, among other objectives, (1) the risks NNSA has identified for the W80-4 LEP, and processes it has established to manage them, and (2) the extent to which NNSA's lifecycle cost estimate for the LEP aligned with best practices. GAO reviewed NNSA's risk management database and other program information; visited four NNSA sites; interviewed NNSA and DOD officials; and assessed the program's cost estimate using best practices established in prior GAO work. GAO is making two recommendations, including that NNSA adopt a W80-4 program FPU delivery date based on the program's schedule risk analysis, or document its justification for not doing so. NNSA generally disagreed with GAO's recommendations. GAO continues to believe that its recommendations are valid, as discussed in the report. For more information, contact Allison B. Bawden at (202) 512-3841 or email@example.com.[Read More…]
- Justice Department Settles with Private School to Ensure Compliance with the ADABy Sam NewsJuly 30, 2020The Justice Department today reached a settlement agreement with Ridgewood Preparatory School (Ridgewood) to ensure that students with disabilities are not discriminated against in the full and equal enjoyment of Ridgewood’s services and facilities. Ridgewood is a private, nonsectarian school in Metairie, Louisiana, that provides education to children in pre-kindergarten to twelfth grade.[Read More…]
- Retirement Security: Other Countries’ Experiences with Caregiver PoliciesBy Sam NewsOctober 30, 2020For over a decade, Australia, Germany, and the United Kingdom (UK) have developed and implemented national approaches—including strategies, laws, and policies—to support family caregivers, according to experts GAO interviewed. Specifically, experts noted that these efforts could help caregivers maintain workforce attachment, supplement lost income, and save for retirement. As a result, their retirement security could improve. For example, experts said: Care leave allows employees to take time away from work for caregiving responsibilities. Australia's and Germany's policies allow for paid leave (10 days per year of work or instance of caregiving need, respectively), and all three countries allow for unpaid leave though the duration varies. Caregivers can receive income for time spent caregiving. Australia and the UK provide direct payments to those who qualify. Germany provides indirect payments, whereby the care recipient receives an allowance, which they can pass on to their caregiver. Other Countries' Policies to Support Caregivers Experts in all three countries cited some challenges with caregiver support policies. For example, paid leave is not available to all workers in Germany, such as those who work for small firms. In Australia and the UK, experts said eligibility requirements for direct payments (e.g., limits on hours worked or earnings) can make it difficult for someone to work outside their caregiving role. Experts in all three countries said caregivers may be unaware of available supports. For example, identifying caregivers is a challenge in Australia and the UK. As required under the RAISE Family Caregivers Act, the Department of Health and Human Services (HHS) convened the Family Caregiving Advisory Council (FCAC)—a stakeholder group that is to jointly develop a national family caregiving strategy. As of July 2020, HHS and the FCAC reported limited information on other countries' approaches, and neither entity had concrete plans to collect more. In September 2020, HHS officials provided sources they recently reviewed on selected policies in other countries, and they further noted that HHS staff, FCAC members, and collaborating partners have subject-matter expertise and bring perspectives about other countries' efforts into their discussions. Family caregivers play a critical role in supporting the elderly population, which is growing at a rapid rate worldwide. However, those who provide eldercare may risk their own long-term financial security. Other countries have implemented policies to support caregivers. In recognition of challenges caregivers face in the United States, Congress directed HHS, in consultation with other federal entities, to develop a national family caregiving strategy. GAO was asked to provide information about other countries' efforts that could improve the retirement security of parental and spousal caregivers. This report examines (1) other countries' approaches to support family members who provide eldercare, (2) challenges of these approaches, and (3) the status of HHS' efforts to develop a national family caregiving strategy. GAO conducted case studies of three countries—Australia, Germany, and the United Kingdom—selected based on factors including rates of informal care (i.e., help provided to older family members or friends) and the types of policies they have that could improve caregivers' retirement security. GAO interviewed government officials and experts and reviewed relevant federal laws, research, and documents. GAO's draft report recommended that HHS collect additional information about other countries' experiences. In response, in September 2020, HHS provided an update on its efforts to do so. As a result, GAO removed the recommendation and modified the report accordingly. For more information, contact Tranchau (Kris) T. Nguyen at or firstname.lastname@example.org.[Read More…]
- Sanctioning Russia-linked Disinformation Network for its Involvement in Attempts to Influence U.S. ElectionBy Sam NewsJanuary 11, 2021
- Statement Regarding Federal Civil Rights Investigation Into Shooting of Jacob BlakeBy Sam NewsJanuary 5, 2021Eric S. Dreiband, Assistant Attorney General for the Civil Rights Division of the Department of Justice, and Matthew D. Krueger, U.S. Attorney for the Eastern District of Wisconsin released the following statement related to the Aug. 23, 2020, shooting of Jacob Blake:[Read More…]
- Remarks by Attorney General William P. Barr on his Acceptance of the Christifideles Laici Award at the 2020 National Catholic Prayer BreakfastBy Sam NewsSeptember 23, 2020Remarks as Prepared as [Read More…]
- Texas Clinic Owner and Clinic Employee Sentenced to Prison for Conspiring to Unlawfully Prescribe Hundreds of Thousands of OpioidsBy Sam NewsDecember 10, 2020A Houston-area pain clinic owner and a clinic employee who posed as a physician were sentenced to 240 months and 96 months in prison, respectively, today for their roles at a “pill mill” where they and their co-conspirator illegally prescribed hundreds of thousands of doses of opioids and other controlled substances.[Read More…]
- Leon DeKalb: U.S. Probation’s First Black OfficerBy Sam NewsIn U.S CourtsFebruary 25, 2021Leon Elmer DeKalb made history nearly 80 years ago when he became the first African American probation officer in the federal court system.[Read More…]
- Owner of Montana Construction Company Pleads Guilty to Employment Tax FraudBy Sam NewsOctober 5, 2020A Great Falls, Montana, businessman pleaded guilty today to employment tax fraud, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Kurt G. Alme for the District of Montana.[Read More…]
- Crude Oil Markets: Effects of the Repeal of the Crude Oil Export BanBy Sam NewsNovember 20, 2020GAO's analysis of U.S. Energy Information Administration (EIA) data and interviews with industry stakeholders shows that the repeal of the U.S. crude oil export ban is associated with increased crude oil exports—from less than half a million barrels per day in 2015 to almost 3 million barrels per day in 2019. The repeal of the ban expanded the market for U.S. crude oil to overseas buyers and, along with other market factors, allowed U.S. crude oil producers to charge higher prices relative to comparable foreign crude oil. Higher prices and an expanded market for U.S. crude oil further incentivized domestic crude oil production, which had been growing since the shale oil boom began around 2009 (see figure). During the period after the repeal, total U.S. imports of crude oil remained largely unchanged. Annual Production and Exports of U.S. Crude Oil, 2009-2019 GAO's analysis found limited effects associated with the repeal of the ban on the production, export, and import of domestic refined petroleum products, such as gasoline. However, profit margins—which are determined in part by the costs a refiner pays for the crude oil and the earnings a refiner receives from the sale of refined products—likely decreased as the prices refiners paid for domestic crude oil increased relative to international prices. Because gasoline prices are largely determined on the global market, U.S. refiners could not pass on to consumers the additional costs associated with the increase in crude oil prices, resulting in decreased profit margins for U.S. refiners. Finally, after the repeal of the crude oil export ban, the U.S. shipping industry experienced a decline as demand fell for U.S. tankers—known as Jones Act tankers—used to move domestic crude oil between U.S. ports. The increase in the relative price of domestic crude oils associated with the repeal of the export ban may have resulted in some U.S. refineries deciding to use more foreign crude oil. Foreign crude oil is typically transported by foreign tankers, reducing the demand for Jones Act tankers compared to what it would have been if the export ban had remained in place, according to six of the seven shipping industry stakeholders GAO interviewed. Between 1975 and the end of 2015, the Energy Policy and Conservation Act directed a ban on nearly all exports of U.S. crude oil. This ban was not considered a significant policy issue when U.S. oil production was declining and import volumes were increasing. However, U.S. crude oil production roughly doubled from 2009 to 2015, due in part to a boom in shale oil production made possible by advancements in drilling technologies. In December 2015, Congress effectively repealed the ban, allowing the free export of U.S. crude oil worldwide. GAO was asked to provide information on the effects of repealing the crude oil export ban. This report describes the effects of the repeal of the crude oil export ban on the domestic crude oil production, petroleum refining, and related sectors of the U.S. shipping industry. GAO analyzed data from EIA and other federal databases to determine the effects of repealing the export ban. GAO also interviewed a nongeneralizeable sample of economists, market analysts, and stakeholders from the oil and gas, refining, and shipping industries. GAO's analysis focused on the repeal of the crude oil export ban and any effects of the repeal on U.S. crude oil and related industries through March 2020. For more information, contact Frank Rusco at (202) 512-3841 or email@example.com.[Read More…]
- International Trio Indicted in Austin for Illegal Exports to RussiaBy Sam NewsDecember 18, 2020A four–count federal grand jury indictment returned in Austin and unsealed today charges three foreign nationals – a Russian citizen and two Bulgarian citizens – with violating the International Emergency Economic Powers Act (IEEPA), Export Control Reform Act (ECRA), and a money laundering statute in a scheme to procure sensitive radiation-hardened circuits from the U.S. and ship those components to Russia through Bulgaria without required licenses.[Read More…]
- Secretary Pompeo’s Call with Turkish Foreign Minister CavusogluBy Sam NewsDecember 17, 2020
- Burundi Travel AdvisoryBy Sam NewsSeptember 26, 2020Do not travel to Burundi [Read More…]
- Request for Statements of Interest: DRL FY20 Iraq ProgramsBy Sam NewsNovember 29, 2020Bureau of Democracy, [Read More…]
- Public Health and the Draw Down of the Migrant Protection Protocols ProgramBy Sam NewsFebruary 19, 2021
- Two Members of Notorious Videogame Piracy Group “Team Xecuter” in CustodyBy Sam NewsOctober 2, 2020Two leaders of one of the world’s most notorious videogame piracy groups, Team Xecuter, have been arrested and are in custody facing charges filed in U.S. District Court in Seattle.[Read More…]
- Saudi Arabia Travel AdvisoryBy Sam NewsSeptember 26, 2020Reconsider Travel to [Read More…]
- Secretary Pompeo Participates in the Geneva Consensus Declaration Signing CeremonyBy Sam NewsOctober 21, 2020
- Secretary Michael R. Pompeo With Ben Shapiro of The Ben Shapiro ShowBy Sam NewsDecember 15, 2020
- Secretary Pompeo’s Travel to Doha, QatarBy Sam NewsSeptember 26, 2020Morgan Ortagus, [Read More…]
- Former Supervisory Corrections Officer Sentenced for Repeatedly Tasing Restrained DetaineeBy Sam NewsNovember 20, 2020Former supervisory corrections officer Mark Bryant, 42, was sentenced today to 5 years in prison for repeatedly tasing a restrained pretrial detainee inside the Cheatham County Jail in Tennessee. In January 2020, a jury in the Middle District of Tennessee convicted Bryant of two counts of violating Title 18, U.S. Code, Section 242, for using excessive force while acting under color of law.[Read More…]
- Remarks of Acting Assistant Attorney General Brian C. Rabbitt at the ACI 37th Annual Conference on the FCPABy Sam NewsDecember 3, 2020Good morning and thank you for that kind introduction. It is an honor to be here with you today, even if only virtually. Just a year ago, addressing a conference of this size and importance via video would have seemed unthinkable. Today, it is — unfortunately — normal. I look forward to the time — hopefully, soon — when we can gather again in person. In the meantime, I am grateful for this opportunity to speak with you, and I look forward to my discussion with Kim after my remarks conclude.[Read More…]