Even when judges do permit attorneys to use social media to
research potential jurors, more than half said they require disclosure the court or opposing counsel.
One court has approved of using new technologies to
research potential jurors.
It makes sense to
research potential jurors, and social media makes it easier than ever.
In a high - stakes copyright fight pitting two Silicon Valley tech giants — Oracle and Google — against each other earlier this year, the presiding judge found the dangers of
researching potential jurors on the internet outweighed any potential benefit in that case.
Not exact matches
While acknowledging the lack of a Supreme Court rule on the extent to which a party is required to
research a
potential or actual
juror, the court stated:
Earlier this month in San Francisco, the Superior Court issued a proposed rule that would require
potential jurors be given a reminder not to blog, tweet or conduct Internet
research about cases.
Social media now allows us to find out what people are thinking; in the US they can do
research on the
potential jurors before the trial.
When the use of Google to conduct
research on
potential jurors was brought to the attention of the trial judge, the court prohibited the
research because no advance notice had been given and the judge wanted to create an «even playing field,» since the defendant's counsel was not conducting the same
research.
A judge in Montgomery County, Maryland, denied a request to allow
research of
potential jurors because it could have a chilling effect on jury service if they knew they were going to be Googled as soon as they walked into the courthouse.
Google and Oracle agreed on March 31, 2016, to the ban on all Internet
research on
potential and impaneled
jurors until trial is complete.
The government's avowed determination to eradicate myths about supposedly true victim behaviour, in spite of there being no UK
research evidence of a negative impact by such myths on the conviction rate, makes a stark contrast with their apparent insouciance about the potentially negative impact on the conviction rate as a cumulative result of
potential jurors reading lurid media accounts of the exposure of false rape claims.