Investigating Jurors on Social Media

21 Pages Posted: 17 Aug 2015 Last revised: 16 Dec 2015

See all articles by Caren Myers Morrison

Caren Myers Morrison

Georgia State University - College of Law

Date Written: Fall 2014

Abstract

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

Morrison, Caren Myers, Investigating Jurors on Social Media (Fall 2014). 35 Pace Law Review 285 (2014); Georgia State University College of Law, Legal Studies Research Paper No. 2015-36. Available at SSRN: https://ssrn.com/abstract=2645352

Caren Myers Morrison (Contact Author)

Georgia State University - College of Law ( email )

P.O. Box 4037
Atlanta, GA 30302-4037
United States

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