U.K. Juror Gets 8-Month Sentence for Facebook Use

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Eight months seems a harsh sentence for a juror who made some ill-considered Facebook posts. Harsh, that is, until you hear the facts. The proceeding against U.K. resident Joanne Fraill is one of the first contempt prosecutions ever against a juror for improper Internet use. And the punishment she received is a reminder that, when pushed, courts have both the power and the will to protect the integrity of the jury system and the rights of criminal defendants to a fair trial.

On June 16, 2011, Fraill was found in contempt of court for improper communications and Internet research she conducted while serving as a juror in a criminal trial. The case involved four defendants who had been charged with drug-related offenses, including Jamie Sewart and her boyfriend, Gary Knox.

The day after jurors acquitted Sewart, while the case was still pending against her three co-defendants, Fraill contacted Sewart on Facebook. Using the pseudonym “Jo Smilie,” Fraill messaged, “You should know me, I’ve cried with you enough.” Sewart replied and asked about a charge against one of her co-defendants. Fraill answered that “no one [on the jury was] budging.” Fraill then asked Sewart not to disclose their communications because “they could call mmiss trial [sic] and I will get 4cked to0.” Minutes later, Fraill told Sewart, “Dont worry about that chge no way it can stay hung for me lol.” The chat log further disclosed that the two had been communicating in court with nods and blinks.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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