Investigating Jurors on Social Media
21 Pages Posted: 17 Aug 2015 Last revised: 16 Dec 2015
Date Written: Fall 2014
This invited Symposium piece considers the new norm of investigating potential jurors online. The piece proceeds in three parts. First, it examines the current state of jury investigations, and how they differ from those conducted in the past. Then, it describes the evolving legal and ethical positions that are combining to encourage such investigations. Finally, it offers a note of caution – condoning such investigations while keeping them hidden from jurors may be perceived as unfair and exploitative, risking a possible backlash from outraged jurors. Instead, I propose a modest measure to provide notice and explanation to jurors that their online information is likely to be searched, and why.
Keywords: Juries, Social Media, Voir Dire, Online Investigations, Courts
Suggested Citation: Suggested Citation