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Tuesday, March 22, 2011
Courts - More on "Want to Serve on a Jury? Be Careful What You Post"
Updating this ILB entry from Feb. 22, 2011 that cited a WSJ story, the Indianapolis Star today has a lengthy story by Carrie Ritchie, headed "Potential jurors are being scrutinized online: Lawyers are increasingly combing social networking sites to find valuable clues to potential panelists' leanings." A quote:
Picking the "right" jury is among the most critical aspects of a trial. So much so that in some cases, attorneys spend tens of thousands of dollars to hire consultants who research jurors' backgrounds and advise attorneys on what to look for.More typically, attorneys rely on county-provided questionnaires that ask prospective jurors basic questions about employment, criminal history and their families. Attorneys also can question prospective jurors during jury selection.
Based on that information, attorneys may disqualify some jurors. Judges also may disqualify them.
Still, a questionnaire and a handful of face-to-face questions don't mean attorneys will uncover every piece of potentially pertinent information about someone.
Often, attorneys don't learn the names of potential jurors until hours before selection. But sometimes, they are given a list a few days before a trial. That's when social media and basic Internet searches can be particularly useful. * * *
Facebook, MySpace, Google, blogs, Twitter -- all are a potential gold mine. * * *
But is all this snooping into the lives of potential jurors ethical?
Yes, as long as attorneys are using information that's open to the public, said Novella Nedeff, clinical associate professor of law at Indiana University School of Law-Indianapolis.
However, she said, if an attorney were to try to "friend" someone on Facebook to get access to private information, that might violate ethical rules.
The Marion County prosecutor's office is examining the various ethical issues, said Chief Deputy David Rimstidt. He said some deputy prosecutors already may be researching potential jurors online, but for now, it's not something the office encourages.
"If it's considered to be ethical," Rimstidt said, "I assume that we would give our folks the green light to do this kind of inquiry because we need to find as much information as we can about our potential jurors."
Posted by Marcia Oddi on March 22, 2011 10:59 AM
Posted to Courts in general