Posts Tagged ‘jury selection’

Social Media is Necessary Legal Research

Ethan Wall | May 24, 2011 in Social Media Law & Order | Comments (0)

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Social media research is the new reality for trial attorneys, the American Bar Association (ABA) opines. Christine Martin of the ABA’s Section of Litigation recognizes that “risks and liabilities covered by the rules of professional ethics, confidentiality, defamation, copyright, and trademark, not to mention legitimate concerns over privacy and safety” are inherent in online social media sites.  She makes the following recommendations in the article linked above:

  • Legal professionals need to become more knowledgeable about the best use of social media research—not just for their own sake but also to better serve their clients, including reputation monitoring and opinion mining of themselves, their firms, and their clients.
  • Social media research can be used to  measure public opinion on hot button issues that may arise in an attorney’s case as it progresses to trial, including negative opinions of their clients and perceptions of their actions to the public.
  • Social media is a critical tool is for trial research including information on witnesses and potential jurors:
“Attorneys must assume that jurors could look up key definitions on Wikipedia, use Google to research trial participants, including the lawyers, and search for geographical locations and the history of the case. Part of the trial team’s new due diligence is being informed about what is available online.”
Following the ABA’s suggestions are a good place to begin incorporating social media into your legal research.

Social Media Impacts Casey Anthony Murder Trial

Ethan Wall | May 20, 2011 in Social Media Law & Order | Comments (0)

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Lawyers cited Facebook and Twitter as grounds to strike prospective jurors in the Casey Anthony murder trial, reports the Palm Beach Post. Lawyers instantly compared prospective juror’s answers during  jury selection with information posted on the jurors online social media websites. 

Prosecutors used a preemptory challenge to prevent the seating of one individual who they said had tweeted after a fender-bender, “Cops in Florida are idiots and completely useless.”  Based on this tweet, prosecutors could opine that the juror would carry a bias against the testimony or trustiworthiness of police officers.

Lawyers excused another juror “for cause”  after he reportedly posted the jury instructions on his Facebook page and joked online that there was a “book coming soon. lol.” 

Anthony is charged with killing her two-year-old daughter Caylee in 2008 and for providing false information to law enforcement. She has pleaded not guilty and told police that a babysitter kidnapped her daughter.  Jury selection had been moved out of Orlando in the hope of seating an unbiased jury.