* This is probably the grossest, most pornographic employment discrimination/sexual harassment/defamation lawsuit I’ve seen. Maybe fans of 50 Shades of Grey (affiliate link) might find it compelling. The writing in the lawsuit is probably better… [Courthouse News]
Usually when we hear about courtroom drama stemming from social media, it’s caused by someone, you know, actually involved in the case.
Not today! This week, a judge declared a mistrial in a Kansas murder case after a pesky reporter shot and published a cellphone pic from trial. What kind of scandalous photos was the intrepid journalist taking?
The kind that almost certainly doesn’t warrant a mistrial….
After writing about enough jurors who get in trouble for posting about their cases online, one begins to feel like Tom Smykowski in Office Space, desperately and hopelessly trying to justify his job to the Bobs. It seems so simple, but no one seems to get it.
You can’t talk about the case on Facebook! Can’t you understand it? What is the hell is wrong with you people?!
This week, we have two more cases of idiot jurors in California and Colorado who simply could not resist going to Facebook to say, ironically, the same thing about the cases they were hearing.
What did they have to say? What kind of titillating trials were they supposed to decide while they were iPhoning instead? And more importantly, how did the attorneys in the cases respond?
Almost everyone likes to fantasize and talk big game to their friends about outlandish strategies to get out of jury duty. But when it comes down to it, most normal people don’t have the balls to show up in court and act full-out crazy to avoid being seated.
For the courageous unpatriotic few who do play the nutso card, the most significant consequence would probably be a good cocktail party story. Nobody ever actually gets in trouble for creatively trying to avoid jury duty. Right?
Well, when you call in to the radio to tell your story of jury duty tomfoolery, you never know who is listening….
As we heard from Elie last week, a jury is like a box of chocolates. You never know what you’re going to get. The already unpredictable American jury system has gotten even more chaotic over the last several years as the internet has become ubiquitous, at home and in court.
Juror misconduct by internet can lead to mistrials, and it’s becoming increasingly (and unfortunately) more common. Last month the Vermont Supreme Court overturned an unsettling child sexual assault conviction because a juror conducted his own research about the Somali Bantu culture central to the parties in the case.
If I were in charge, people would look forward to getting one of these.
For my entire life, Republicans have been telling me government doesn’t work. It’s not true, government works just fine: taxes get collected, snow gets removed, communism gets toppled.
Government works, it’s just extremely inefficient. It’s bureaucratic. It’s unable to effectively deal with exceptions. It wastes time.
The waste of time is an unforgivable sin to most Americans. We believe that time is money. We believe our time is our own. We hate when somebody else wastes our time. When the state does it — at the DMV, or at the post office — we’re likely to blow a gasket.
Watching people’s faces in the jury room is like watching time itself being ripped away from people. And half of the people in here have the Liam Neeson face like they’re about to talk to the time thieves and say: “I will look for you, I will find you, and I will kill you.”
I have successfully avoided jury duty since I moved back to New York in 2003, but this week they finally caught up with me. This week, I’ve had to perform my civic responsibility of sitting in judgment of my peers (like I don’t do that enough already).
Sorry, I had to “be available” to sit in judgement of my peers. Nobody is ever going to pick me for a jury. I blog about law for a living, hold two Harvard degrees, and have a checkered past. I’m not getting impaneled. Instead, I was just looking forward to the rare business day when I didn’t have to invent an opinion or listen to “the internet” pontificate on my weight.
Then the lady who seemed to be in charge of the proceedings told me that I was looking forward to three days of that. I went to protest, but Nurse Ratched told me to sit down and wait for my lobotomy. So i started paying attention to my surroundings — because blogging is how I cope with the slings and arrows of outrageous people asking me to behave like a normal person.
I’ll deal more directly with Nurse Ratched at another time. Today I got an up-close look at the voir dire process in a criminal trial. While I was not picked, I feel like my McMurphy-esque fingerprints will be all over the case.
Let’s take a look inside our clearly broken jury system…
Even though serving on a jury is considered an important civic duty, people in this country seem to loathe the mere idea of being forced to do it. After all, because of jury duty, people have to miss work — hell, some people even get fired because of it.
And even though jury duty is something that is required by law, instead of just doing it, people would rather make jokes about others being too dumb to get out of it.
One judge in Indiana is well aware of that fact, and he’s on a mission to get people to serve willingly, lest they be forced to face some embarrassing consequences….
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past seven years. You can reach them by email: email@example.com.
It’s that time of year again when JDs are starting to apply for 2L summer jobs and 2L summers are deciding which practice area to focus on.
For those JDs with an interest in potentially lateraling to or transferring to Asia in the future, please feel free to reach out to Kinney for advice on firm choices, interviewing and practice choices, relating to future marketability in Asia, or for a general discussion on your particular Asia markets of interest. This is of course a free of cost service for those who some years in the future may be our future industry contacts or perhaps even clients.
For some years now Kinney’s Asia head, Evan Jowers, has been formally advising Harvard Law students with such questions, as the Asia expert in Harvard Law’s “Ask The Experts Market Program” each summer and fall, with podcasts and scheduled phone calls. This has been an enjoyable and productive experience for all involved.
Whether you’re fresh off the bar exam or hitting your stride after hanging a shingle a few years ago, one thing’s for certain: independent attorneys who start a solo or small-law practice live with a certain amount of stress.
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