Runaway Jurors

Abstract

This paper considers the impact of out-of-court research by jurors on trial fairness and policies to deter such independent research. Though jurors are barred from considering evidence outside the courtroom, some recent Canadian cases show that independent research occurs nonetheless. Part I of the paper reviews the policy rationales for the ban on juror research. Part II discusses the prevalence of independent research and reviews some recent Canadian cases in which the issue is addressed.  Part III considers solutions to the problem including the approaches taken by the UK and throughout the US. The paper concludes by recommending that Canada act pre-emptively to deter independent juror research before resorting to criminal prosecution of so-called "runaway jurors."