Document Type

Article

Publication Date

2011

Publication Source

UCLA Law Review Discourse

Abstract

As more and more personal information is placed online, attorneys are increasingly turning to the internet to investigate and research jurors. In certain jurisdictions, the practice has become fairly commonplace. One prominent trial consultant has gone so far as to claim, “Anyone who doesn’t make use of [internet searches] is bordering on malpractice.” While this may somewhat overstate the importance of investigating jurors online, it nonetheless demonstrates just how routine the practice has become. Aside from increased acceptance among practitioners, courts have both approved of and encouraged online investigation of jurors.

While many view this practice as a benefit to the legal system because it helps identify dishonest and biased jurors and works to limit juror misconduct, it is not without critics. This Article examines the positive and negative aspects of legal professionals investigating jurors online and offers a proposal that, if implemented, should dull some of the criticism associated with the practice. Specifically, this Article proposes that the Advisory Committee on Criminal Rules of the Judicial Conference of the United States make certain juror information uncovered by attorneys in criminal trials subject to the rules of discovery.

Inclusive pages

28-42

ISBN/ISSN

0041-5650

Document Version

Published Version

Comments

This document has been made available for download in accordance with the publisher's policy on self-archiving. The article can be viewed in its original form on the UCLA Law Review website here.

Permission documentation on file.

Publisher

UCLA School of Law

Volume

59

Place of Publication

Los Angeles, CA

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