Facebook and Jury Selection

Facebook and its kind are constantly changing the legal landscape. The latest example is this article which briefly discusses how attorneys are now using Facebook to research and vet potential jurors and witnesses.  Things attorneys are looking for – does a potential juror enjoy partying?  What clues are there about their parenting?  Do they talk lovingly about their home?  The opportunity to get into the mind of a person is so much greater with Facebook.

What about Privacy Standards for Jury Selection?

If we apply the recently developed New York State and City standards, it would appear that attorneys can look at the public-facing information a potential juror includes on their profile but wouldn’t be able to “friend” them under false pretenses but are their reasons that the privacy standards change when an attorney is investigating a potential juror rather than a party?

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2 Responses to “Facebook and Jury Selection”

  1. elainebetts Says:

    Love this question Randy, having just gone through the jury selection process myself again just the other week it was top of mind for me. The problem is it isn’t just facebook and Linkedin, information is on the internet regardless and it is there for everyone to see, like it or not. However it is important that we do keep some of our thoughts feelings and information to ourseleves. What we put out there on the interenet in whatever format we should be of a mindset that everyone and the dog will view it. When in doubt, leave it out!!!!

    • Randy Wilson Says:

      Good reminder Elaine – treat the Internet like you would any other professional setting I think is a good rule of thumb.

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