Can You Blame Them? Lengthy Trial Aborted After Jurors Played Sudoku

The Sydney Morning Herald is reporting that, after 105 witnesses and three months of evidence, a drug trial costing $1 million was aborted this week when it emerged that jurors had been playing Sudoku since the trial’s second week. (HT: How Appealing)
In the District Court in Sydney, Judge Peter Zahra discharged the jury after hearing evidence from two accused men, one of their solicitors and the jury forewoman, who admitted that she and four other jurors had been playing the numbers game since the second week of trial. As one of the accused was giving evidence in a trial in which two defendants face drug charges, he saw the jury forewoman playing what he thought was Sudoku. His co-accused saw it too, and the defense lawyers made a joint application for a discharge.
The judge was alerted after it was observed the jurors were writing vertically, rather than horizontally. It had been assumed they were taking notes. “Yes, it helps me keep my mind busy paying more attention,” the jury forewoman reportedly told the judge. “Some of the evidence is rather drawn out and I find it difficult to maintain my attention the whole time, and that doesn’t distract me too much from proceedings.”
Judge Zahra, who had previously commended the jury for its apparent diligence, told the forewoman that the Sudoku players had let down their fellow jurors and all involved in the trial.
“Legislating for attentiveness is very difficult,” Australia’s AG John Hatzistergos, told The Australian. “What we can do is to streamline these very lengthy trials.”
Spoliation of evidence? does CA have this? Really makes Bratz look bad, and by bad I mean worse than that movie. Bratz
Tag-Line: For Friendship, For Fashion, For Real.
The two men were facing possible life sentences. These jurors are a disgrace. I would like to think that if I was facing a life sentence, the jury would actually pay attention.
Just when the defendants thought their number was up, along comes a bunch of Sudoku playing jurors to temporarily rescue them from durance vile. The judge, notified of the Sudoku players, an affront to the awful majesty of the law, stopped the game of freecell solitaire he was playing on his court computer to resolve this problem about Sudoku problem solvers.
Now we know, caps off in the courtroom, no cellphone cameras and most of all, no Sudoku.
For those readers interested in more quality discussion of the problems of lengthy trials, particularly in criminal cases, see the forceful dissent on the denial of a petition for rehearing in United States v. Warner, 506 F.3d 517 (7th Cir. 2007) which can be downloaded at http://www.ca7.uscourts.gov/tmp/E30MLPEX.pdf.
A British colleague once called Australians “the laziest people in the world.” I looked askance at such pompous English condescension, but apparently it’s true.
Emphasizes the inherent unworkability of this system
How did a drug trial get so boring? shouldn’t the barristers share some blame?
So, multitasking is out, no blackberries next.
Three months of evidence–how many charges? Australia doesn’t have a right to a speedy trial? If the prosecutor would sever the charges into separate trials, the risks and costs would be greatly lessened. I thought Sudoku helped improve memory?
Maybe it is time for jury guiltification, stopping the the trial when there is enough evidence to convict.
I’m with APC - if people think that jurors are paying attention even when they’re not playing Sudoku, they’re naive. I actually buy the forewoman’s explanation. She was trying to stay awake.
Think about putting yourself in the place of these jurors .. you have to sit through a lengthy trial with “drawn out evidence” foregoing your own responsibilities at home in order to serve “civil duty” .. better to play sudoku than fall asleep right?
I feel for them. When I am in long depositions, and tedious and insignificant portions of the Q&A are going on, I am usually emailing or on the internet.
The problem came when the jurors thought they could only give out sentences between 1 and 9 years and could only use each sentence once per trial. At least it’s better than the judge who used to amuse himself during long trials with a vacuum pump under his robes. Maybe he could get promoted to the ninth circuit court of appeals now.
Jurors fall asleep all the time and no one says anything. How is playing sudoku any worse? At least while they play they can be listening in case something important comes up.
“Can you blame them?” Nope.Yawn…
He probably printed them from www.sudoku.name
:)
Wha? Huh? Someone said something? Oh, yeah, OK. Yeah they’re guilty then, yeah. Thanks.
I not only “buy” the forewoman’s explanation, I completely agree with it. It has been my experience that doing a Sudoku (which doesn’t require too much attention) keeps my mind from wandering and becoming completely swamped in other thoughts.
If I have no Sudoku, there will be moments when I suddenly snap back to the board and find that I have missed 5 minutes of something important.
I was there, so I know the facts. we all had vigorous debate in the jury room and were on top of it. I personally had written 5 school exercise books full of information and took notes every day of the 3 months, so did most of the other members.We are all shattered as with only a couple of days to go we had a handle on everything.
When you are being told to go in and out the courtroom when witnesses are on the stand it would become confusing and boring.
cool

