Emojis As Evidence in Trial

A Grounded Theory Study on Judges’ Perspectives on Emojis

Abstract

As the sophistication and use of technology increases, communication through technology becomes more common, leading to the increasing use of emojis. In turn, this has led to an increase of emojis being used as evidence in court, with little guidance of how they can be interpreted within the law. This study examines the ways judges perceive emojis in court, especially when they are used as evidence. Through a grounded theory qualitative study, semi-structured interviews of judges throughout the Southwest region of the United States were conducted and analyzed according to Charmaz grounded theory guidelines (Charmaz, 2006) to determine judges’ perceptions of the use of emojis in court as evidence. This seeks to determine how emojis are used within the court system as they can carry and convey many different meanings to different people.  This study found that many judges find it necessary to have context with emojis for the purposes of interpretation by the jury, but it is not necessary for special instructions to be made in regards to emojis. Additionally, this study found other aspects of trial including jury selection and the appellate court are being affected by the increasing usage of emojis as evidence due to their highly subjective nature. Further research is needed to assess the broader implications of advancements in technology on the legal system.