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Investigating Jurors on Social Media

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Caren Morrison

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Investigating Jurors on Social Media

Abstract: 

This invited Symposium piece considers the new norm of investigating potential jurors online. The piece proceeds in three parts. First, it examines the current state of jury investigations, and how they differ from those conducted in the past. Then, it describes the evolving legal and ethical positions that are combining to encourage such investigations. Finally, it offers a note of caution – condoning such investigations while keeping them hidden from jurors may be perceived as unfair and exploitative, risking a possible backlash from outraged jurors. Instead, I propose a modest measure to provide notice and explanation to jurors that their online information is likely to be searched, and why.

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