Ride the Lightning

CHERRY PICKING JURORS USING SOCIAL NETWORKING SITES

August 27, 2008

I’ve long told folks: 1) watch what you put out there on social networks lest it comes back to haunt you (e.g. those college photos where a perfectly nice but wholly inebriated young woman concludes it is a good idea to remove her bra and twirl it for the camera) and 2) lawyers, private investigators, prospective employers and other folks in search of information about people need to be aware that social networking sites are a treasure trove of information.

As electronic evidence, we see these sites used all the time in court. I have used them myself as a screening tool when hiring: Imagine my surprise when one prospective applicant described herself online as “sexually very adventurous, ready for almost anything, anywhere, and you won’t believe what I can do with my stilettos!” Somehow, that didn’t quite fit in with our office atmosphere and professional image. Though I confess, I didn’t give the young men around here a chance to vote on the issue.

Social networking sites have developed a new fan club – jury consultants and lawyers involved in picking juries. The National Law Journal recently carried an article on this subject. While picking juries, lawyers and consultants have used information on social networking sites to find jurors they want, jurors they don’t want, jurors who lied on their questionnaires and the kinds of argument that might appeal to specific jurors. They find far right or left leanings, personal and professional affiliations, perhaps even a history of claustrophobia (do you really want that person on a jury in a case where someone was injured and trapped in a malfunctioning elevator?).

Once again, a brave new world.

Still wondering about those stilettos . . .

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