voir dire

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…

double red triangle arrows Continue reading “Elie Draws Jury Duty: Day One — Voir Dire”

If you’re not booting up your laptop or iPad during voir dire, you’re not a very good lawyer. That’s my takeaway from recent WSJ and Reuters articles on jury selection in the social media age.

This week, the Wall Street Journal took a look at the evolution of jury selection in the age of social media, while Reuters took a look at this last week, quipping that “voir dire” is becoming “voir Google.”

Facebook-stalking jurors is presented as a questionable and still evolving practice. But the only thing that seems questionable to me (besides a DA considering forced-friending in exchange for Internet access) is why any trial lawyer wouldn’t have jumped on this already. Along with not Googling prospective jurors, I imagine these guys also avoid Lexis-Nexis in favor of the law library, type their memos up on an old-school typewriter, and review deposition recordings on an eight-track.

Both articles point out that potential jurors may be more candid online than they are in a courtroom, and round up some tips from trial consultants on reasons to strike potential jurors based on their Facebook likes and Google footprint. BigLaw types might be well-advised to strike anyone, for example, who lists “Erin Brokovich” as one of their favorite movies…

Read on at The Not-So Private Parts.