The Guardian has a piece covering a lecture by the UK AG Dominic Grieve QC (a name strangely suited to a lawyer). Grieve asks if it is even possible to be assured that a jury is shielded from prejudicial information:
“Trial by Google [also] offends the principle of open justice. It should be clear to the defendant, the public, the victim and the prosecution what the evidence in the case is. If a jury is exposed to prejudicial material which, for whatever reason, is not before the court, the basis on which the defendant is convicted or acquitted will never be known.”
Given this the question we have to ask is if a) the system is even tenable and b) if it is, how do we keep it so?