But courts have only recently begun to issue guidance now that
researching jurors and other courtroom players online is becoming an increasingly common practice.
District Local Civil Rule 47.2 allows the use of the Internet to
research jurors and prospective jurors within the confines of information which is accessible to the public and information is available and accessible to the public so long as it does not result in send an access request or other contact.
Some may consider using social media to
research jurors but hesitate because they don't know if they can ethically do so.Consider the following scenario.
Not exact matches
Cole shared in - depth details about his O.J. Simpson
juror research and was open to discussing his approach to Black Panther.
The
jurors for thee - dimensional art — which includes such media as sculpture, clay, jewelry, and fiber — were Dagmar Painter, curator of Gallery Al - Quds at the Jerusalem Fund and a nominator for the Smithsonian Artist
Research Fellowship program; mixed - media artist Maria Karametou, an associate professor in the George Mason University School of Art; and Rick Wall, a sculptor and educator with the Corcoran College of Art and Design.
2010 Guest
Juror, Mia Fineman, Senior
Research Associate, Metropolitan Museum of Art, New York
Grants and Awards 2015 Ox Bow Artist Residency, Saugatuck, MI 2014 Summer
research, Welch School of Art and Design, GSU 2013 CENCIA Grant, College of Arts and Science, GSU Artist Residency, Vermont Studio Center, Johnson VT VSC Fellowship, Vermont Studio Center, Johnson VT Artist Residency, Atlantic Center for the Arts, New Smyrna Beach FL 2012 Artist Residency, Hambidge Art Center, Rabun Gap GA 2011 Summer Research Grant, Welch School of Art and Design, GSU 2008 Summer Research Grant, Welch School of Art and Design, GSU 2007 CENCIA Grant, College of Arts and Science, GSU 2006 Summer Research Grant, Welch School of Art and Design, GSU 2005 Research Initiation Grant, College of Arts and Science, GSU Juror Choice Award, Pass the Ammunition, Ninth Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2004 Summer Research Grant, Welch School of Art and Design, GSU 2003 Research Initiation Grant, College of Arts and Science, GSU Summer Research Grant, Welch School of Art and Design, GSU Juror Choice Award, Three Small Deaths, Seventh Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2002 Art In America 2001 in Review: Highlighted Public Art Projects «Brute Neighbors,» Commissioned by Hartsfield Atlanta International Airport Atlanta Urban Design Committee, Award of Excellence in Public Art 1998 The Atlanta Contemporary Art Center Studio Program 1997 Fulton County Arts Commission 1982 Ford Foundat
research, Welch School of Art and Design, GSU 2013 CENCIA Grant, College of Arts and Science, GSU Artist Residency, Vermont Studio Center, Johnson VT VSC Fellowship, Vermont Studio Center, Johnson VT Artist Residency, Atlantic Center for the Arts, New Smyrna Beach FL 2012 Artist Residency, Hambidge Art Center, Rabun Gap GA 2011 Summer
Research Grant, Welch School of Art and Design, GSU 2008 Summer Research Grant, Welch School of Art and Design, GSU 2007 CENCIA Grant, College of Arts and Science, GSU 2006 Summer Research Grant, Welch School of Art and Design, GSU 2005 Research Initiation Grant, College of Arts and Science, GSU Juror Choice Award, Pass the Ammunition, Ninth Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2004 Summer Research Grant, Welch School of Art and Design, GSU 2003 Research Initiation Grant, College of Arts and Science, GSU Summer Research Grant, Welch School of Art and Design, GSU Juror Choice Award, Three Small Deaths, Seventh Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2002 Art In America 2001 in Review: Highlighted Public Art Projects «Brute Neighbors,» Commissioned by Hartsfield Atlanta International Airport Atlanta Urban Design Committee, Award of Excellence in Public Art 1998 The Atlanta Contemporary Art Center Studio Program 1997 Fulton County Arts Commission 1982 Ford Foundat
Research Grant, Welch School of Art and Design, GSU 2008 Summer
Research Grant, Welch School of Art and Design, GSU 2007 CENCIA Grant, College of Arts and Science, GSU 2006 Summer Research Grant, Welch School of Art and Design, GSU 2005 Research Initiation Grant, College of Arts and Science, GSU Juror Choice Award, Pass the Ammunition, Ninth Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2004 Summer Research Grant, Welch School of Art and Design, GSU 2003 Research Initiation Grant, College of Arts and Science, GSU Summer Research Grant, Welch School of Art and Design, GSU Juror Choice Award, Three Small Deaths, Seventh Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2002 Art In America 2001 in Review: Highlighted Public Art Projects «Brute Neighbors,» Commissioned by Hartsfield Atlanta International Airport Atlanta Urban Design Committee, Award of Excellence in Public Art 1998 The Atlanta Contemporary Art Center Studio Program 1997 Fulton County Arts Commission 1982 Ford Foundat
Research Grant, Welch School of Art and Design, GSU 2007 CENCIA Grant, College of Arts and Science, GSU 2006 Summer
Research Grant, Welch School of Art and Design, GSU 2005 Research Initiation Grant, College of Arts and Science, GSU Juror Choice Award, Pass the Ammunition, Ninth Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2004 Summer Research Grant, Welch School of Art and Design, GSU 2003 Research Initiation Grant, College of Arts and Science, GSU Summer Research Grant, Welch School of Art and Design, GSU Juror Choice Award, Three Small Deaths, Seventh Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2002 Art In America 2001 in Review: Highlighted Public Art Projects «Brute Neighbors,» Commissioned by Hartsfield Atlanta International Airport Atlanta Urban Design Committee, Award of Excellence in Public Art 1998 The Atlanta Contemporary Art Center Studio Program 1997 Fulton County Arts Commission 1982 Ford Foundat
Research Grant, Welch School of Art and Design, GSU 2005
Research Initiation Grant, College of Arts and Science, GSU Juror Choice Award, Pass the Ammunition, Ninth Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2004 Summer Research Grant, Welch School of Art and Design, GSU 2003 Research Initiation Grant, College of Arts and Science, GSU Summer Research Grant, Welch School of Art and Design, GSU Juror Choice Award, Three Small Deaths, Seventh Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2002 Art In America 2001 in Review: Highlighted Public Art Projects «Brute Neighbors,» Commissioned by Hartsfield Atlanta International Airport Atlanta Urban Design Committee, Award of Excellence in Public Art 1998 The Atlanta Contemporary Art Center Studio Program 1997 Fulton County Arts Commission 1982 Ford Foundat
Research Initiation Grant, College of Arts and Science, GSU
Juror Choice Award, Pass the Ammunition, Ninth Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2004 Summer
Research Grant, Welch School of Art and Design, GSU 2003 Research Initiation Grant, College of Arts and Science, GSU Summer Research Grant, Welch School of Art and Design, GSU Juror Choice Award, Three Small Deaths, Seventh Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2002 Art In America 2001 in Review: Highlighted Public Art Projects «Brute Neighbors,» Commissioned by Hartsfield Atlanta International Airport Atlanta Urban Design Committee, Award of Excellence in Public Art 1998 The Atlanta Contemporary Art Center Studio Program 1997 Fulton County Arts Commission 1982 Ford Foundat
Research Grant, Welch School of Art and Design, GSU 2003
Research Initiation Grant, College of Arts and Science, GSU Summer Research Grant, Welch School of Art and Design, GSU Juror Choice Award, Three Small Deaths, Seventh Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2002 Art In America 2001 in Review: Highlighted Public Art Projects «Brute Neighbors,» Commissioned by Hartsfield Atlanta International Airport Atlanta Urban Design Committee, Award of Excellence in Public Art 1998 The Atlanta Contemporary Art Center Studio Program 1997 Fulton County Arts Commission 1982 Ford Foundat
Research Initiation Grant, College of Arts and Science, GSU Summer
Research Grant, Welch School of Art and Design, GSU Juror Choice Award, Three Small Deaths, Seventh Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2002 Art In America 2001 in Review: Highlighted Public Art Projects «Brute Neighbors,» Commissioned by Hartsfield Atlanta International Airport Atlanta Urban Design Committee, Award of Excellence in Public Art 1998 The Atlanta Contemporary Art Center Studio Program 1997 Fulton County Arts Commission 1982 Ford Foundat
Research Grant, Welch School of Art and Design, GSU
Juror Choice Award, Three Small Deaths, Seventh Annual Arizona State University Art Museum Short Film and Video Festival, Tempe, AZ 2002 Art In America 2001 in Review: Highlighted Public Art Projects «Brute Neighbors,» Commissioned by Hartsfield Atlanta International Airport Atlanta Urban Design Committee, Award of Excellence in Public Art 1998 The Atlanta Contemporary Art Center Studio Program 1997 Fulton County Arts Commission 1982 Ford Foundation III.
Over 11 percent of all of the
jurors» comments about the attorneys were some form of the following statements: «Well prepared,» «Appeared to have done his
research»; or, «Did not seem prepared,» «Wasn't on top of things.»
New
research has shown that nearly half of
jurors in rape cases come to a guilty verdict before deliberation,...
In a memorandum to district court judges, Judge Julie Robinson, the committee chair, wrote that the model instructions were developed to address the increasing incidence of
jurors using such technology to conduct
research on the Internet or communicate with others about cases, which has «resulted in mistrials, exclusion of
jurors, and imposition of fines.»
The Palm Beach Post has an interesting article on the rise of «
juror mischief,» i.e.,
jurors who revert to the «open book» mentality that governs most of their lives and conduct a bit of their own, basic
research to help with their deliberations.
In Palm Beach, courts now warn
jurors against using social media or doing any of their own Internet
research before or after they are selected, before they begin deliberations, and each time the jury takes a break.
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:
This feature come in handy when
researching or updating information of seated
jurors for reference during trial.
Lawyers in Louisville, Ky., are asking a federal judge to set aside a jury verdict exonerating a police officer in a Taser - related death because they say the jury foreman
researched the case on the Internet and used what he found to sway other
jurors.
It makes sense to
research potential
jurors, and social media makes it easier than ever.
Legal
Research & Writing: Drafting Straight - Forward Jury Instructions — A paralegal's guide to using simple, clear language to improve your
jurors» comprehension.
«It is reasonable to expect that the natural curiosity of some
jurors and the ease and habit of Internet
research might cause them to let their fingers do their walking into finding out about their cases outside of the courtroom,» he says.
As reported in The Recorder, the proposed rule was prompted by a jury - selection episode in June, when an entire panel of 600
jurors had to be excused after it was discovered that several had conducted their own online
research into the case.
The court instructed the
jurors not to show the indictment to anyone and not to do any
research on their own.
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.
New
research has shown that nearly half of
jurors in rape cases come to a guilty verdict before deliberation, indicating a predictive relationship between
juror demographics, personal experience, and psychological make up — impacting upon verdicts in rape cases.
After conducting advanced analysis on the data obtained, being a victim of a sexual crime was shown to be a significant predictor of
juror behaviour in rape cases, with the
research revealing that
jurors with personal experience of victimisation were four times more likely to convict in court, prior to deliberations taking place.
«Today we announce no hard and fast rule that all such types of internet
research by a
juror prior to trial without notice to the court and counsel automatically doom a jury's verdict.
Research into the effects of pretrial publicity show that those would - be
jurors who admit to having been exposed to pre-trial publicity, but assert that they can be fair nonetheless, are actually MORE LIKELY to be biased against the defendant than those who admitted that they might have trouble being completely objective.
juror misconduct in Florida:
jurors admitted to doing
research on the Internet during drug trial.
The federal judiciary has issued new jury instructions aimed at deterring
jurors from using the Web and social media to
research or communicate about a case.
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.
The instructions, to be delivered by the judge at the outset of a trial and again before deliberations, tell
jurors not to use the Web to conduct their own
research about the case and not to use social media to talk about the case with anyone.
As reported by the New York Times (via the ABA Journal), Slutsky's blogging caught the eye of professor John Clark, of the University of Texas at Tyler, who was Googling around for
research on
juror behavior.
A whopping third of responding judges thought using social media to
research prospective
jurors was unnecessary.
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.
Outdated
juror lists, rundown jury rooms that feel like jails, and growing time pressures on Americans are mostly to blame, their
research has found.
One court has approved of using new technologies to
research potential
jurors.
At a more local level, the US District Court for the District of Idaho issued guidelines on social media
research into
jurors.
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.
In New York the pattern jury instructions now include a provision reminding
jurors «It is important to remember that you may not use any internet services, such as Google, Facebook, Twitter or any others to individually or collectively
research topics concerning the trial...» New Jersey and Florida have made similar provisions.
Of the 466 judges who responded, 120 said they prohibit
researching prospective
jurors on social media during jury selection.
A free CJER Online Course by the California Center for Judicial Education and
Research uses a simulation format to provide legal and tactical information about handling hardship, cause, and peremptory challenges with prospective
jurors in the context of a felony trial.
Which reasoning biases did judges and
jurors both evidence, though judges to a lesser degree, in Viscusi's
research?
The Committee on Court Administration and Case Management «developed these instructions to address the increasing incidence of
juror use of such devices as cellular telephones or computers to conduct
research on the Internet or communicate with others about cases,» wrote Judge Julie Robinson, committee chair, in a memo to district judges.
Note, however, that
researching is allowed but contacting said
juror is not.
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.
We have significant jury trial experience, having questioned and selected thousands of would - be
jurors,
researched and prepared hundreds of motions, and argued to juries on our clients» behalf in case, after case, after case.
Jury
Research Begins Here Our detailed
juror reports include a comprehensive background search from numerous databases, search engines, credit headers and other records.
Google and Oracle agreed on March 31, 2016, to the ban on all Internet
research on potential and impaneled
jurors until trial is complete.
They rely on jury consultants who are human behavior experts, helping attorneys
research and select
jurors and provide insight into
juror behavior.
37 It cited Wikipedia itself as to how it is «openly editable,» as well as a number of federal court decisions «troubled by Wikipedia's lack of reliability» and ultimately concluded the government could not show there was «no reasonable possibility» that the jury's verdict was not impacted by the internet
research.38 At least one federal court has followed Lawson to set aside another jury verdict based on a
juror's
research on the IRS website, which, although equally beyond the scope of the evidence at trial, is undoubtedly more reliable than a website like Wikipedia.39
She writes about the intersection between criminal law and legal ethics, and has
researched the issue of using impermissable reasons (e.g., race or gender) to strike prospective
jurors from the jury box.