The Volokh Conspiracy blog has an interesting post about a 2004 Iowa Supreme Court case State v. Baker. The case started with the criminal conviction of Greg Shoo who was a friend of Rosemary Baker. Upon learning of Shoo's conviction, Baker called Debra Krause a juror who sat on Schoo's case. In the brief telephone call to Krause, Baker informed her that she gave the defendant "25 years." Although Krause found the call non-threatening, she was nonetheless bothered and upset by it. Thus, she contacted the police and Baker was successfully prosecuted for juror harassment. The relevant Iowa statute reads as follows:
A person commits harassment when, with intent to intimidate, annoy, or alarm another person, the person ... [c]ommunicates with another by telephone, telegraph, writing, or via electronic communication without legitimate purpose, and in a manner likely to cause the other person annoyance or harm.
Iowa Code § 708.7(1)(a)(1) (emphasis added).
As discussed by Prof. Volokh, this case raises some important First Amendment questions. It also raises the age old question of whether jurors should have a role in sentencing the defendant. A minority of states allow jurors to play such a role.
