Why Social Media Makes a Difference in Jury Selection

The jury selection process is an art in some ways. There is limited time to get a full perception of potential jurors – who will serve as the “best” juror for the trial and who may be a detriment to your case. An article I came across from the Orange County Litigation News publication talks about the nuances of jury selection and what clues to look for when selecting a jury. Some of the highlights include:

 

    • Jury consultants find that the following types of potential jurors favor the plaintiff: long term unemployed individuals, those holding service oriented jobs, union workers, those who work in government jobs, and those with no prior jury experience.

 

    • Consultants also find that the following types of potential jurors favor the defendant: the elderly/retired, doctors, engineers, those in technical positions, and those with prior jury experience.

 

    • Uncovering adverse bias is an extremely important part of selecting a jury; this can be the most difficult to uncover within a limited time frame or depending on the tone of voir dire.

 

    • As many as 30% of the potential jury pool is considered “silent” – these are the potential jurors that are most quiet, are not outspoken, and are most often overlooked during the selection process. Research indicates that up to 20% of the “silent types” have an adverse bias that is not uncovered during the selection process, which can impact the overall outcome of the trial.

 

Considering the above, it’s a lot to take in and try to uncover during what can be, at times, a very short span of time. This is where advanced social media monitoring can come into play. Of course, this is most helpful when potential juror lists are provided in advance, which does not happen all the time. However, when it does, it can give further insight into potential jurors quickly, giving you a head start on exclusions or topics for further discussion.

With just some basic information on a potential juror, social media monitoring can shed insight on:

  • Employment/family history based on social content
  • Any preconceived prejudices, perceptions etc based on social media/online activity
  • Social connections that may influence perception/juror performance
  • Knowledge of trial/issues related to the trial

 

By employing a social media program prior to juror selection, a lot of the legwork can be done in advance and in very little time, allowing for the most efficient use of time as possible in selecting jurors for an upcoming trial.

 

 

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