The Interesting Problem Of Jurors Who Acknowledge Hearing The Judge’s Instruction To Stay Off the Internet But Who Do It Anyway (And Don’t Seem To Realize They Are Doing Anything Wrong)
The judge called the juror who had been tweeting about her boredom with the jury selection process into the courtroom. As a part of the work DOAR offers to trial attorneys, we conduct internet searches on prospective jurors (something the NYC Bar Association describes as required practice). And, we also note Internet activity by those prospective...Read Full Article >
Internet Research on Jurors During Voir Dire
A DOAR WebinarDate: November 19, 2015 Time: 12:00pm ET
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Much attention has been focused on the role of the Internet in jury selection and the importance of conducting Internet searches of prospective jurors during jury selection (i.e., not doing so may be akin to incompetence of counsel). At the same time, a total ban on communicating with jurors must be assured. Even inadvertent signs of an attorney’s visit left behind – electronic footprints –...Read Full Article >
A recent Law360 article speaks about investigating prospective jurors using social media, which can reveal valuable information about their suitability for a particular trial. When performing Internet research on potential jurors, steps must be taken to ensure adherence to ethical guidelines. DOAR’s Dr. John McCabe, as well as two practicing attorneys, review some of the best practices to allow attorneys access to the information, while avoiding a “social media mistrial.” The keys are to respect jurors’ privacy, not to misrepresent yourself, and avoid leaving evidence of the investigation.
Dr....Read Full Article >
DOAR Promotes Justice At The Intersection Of The Courtroom And The Internet: The Means For “Clean Searching” Offered Pro Bono To CLE Participants
Trial attorneys are called upon to conduct internet searches on prospective jurors without leaving signs of their search behind. Since 2012, the NYC Bar Association has warned that the failure to search may be akin to incompetence of counsel, but has added that leaving a footprint behind risks contempt of court. The intended ends are clear – prospective jurors should be subject to...Read Full Article >