The 13th juror

'Twas the night before trial, when all through the war-room, The team reviewed a document, more high light and zoom; The exhibits were marked and prepared with care, In hopes they would be admitted; and the judge would be fair. The jury was nestled all snug in their beds, While visions of a settlement filled their heads; And the client pacing nervously, notebook in my lap, While I wished for a strong, intravenous frappe. When out on the corridor there was such a clatter, I sprang from my seat to see what was the matter. What was that strange noise; way out in the hall, A jolly laugh, perhaps it was nothing at all. When, what to my curious eyes should appear, But a senior partner, did he ever instill fear! He was dressed all in red, from his head to his foot, And his cuff links were massive; and covered with soot! A bundle of discs, he had slung on his back, And he looked like a vendor just opening his pack. What was this extra data, at such a late hour? The thought of loading it al...

The chewing of bubblegum will not be allowed in this courtroom . I still chuckle every time I think about that old sign hanging on the door of a courtroom I just spent a few days in. Courtroom etiquette is something that we all have learned and adhere too as legal professionals. In fact, it is probably the most important thing any greenhorn should master before they even attempt to work in a trial setting. Knowing when and where to sit/stand can even change depending on the judge which you have been assigned. This past week I witnessed (no pun intended) a member of the tipstaff repeatedly falling asleep. To make matters worse this individual was loudly snoring during the examination of an expert witness. Now mind you this was no isolated event as it occurred several times. Surprisingly our judge did not seem overly concerned about it. Unfortunately, our jurors had quizzical raised eyebrows at the snoring. All I could think about was the old adage, do as I say, not as I do. For the most...

The CSI effect refers to the forensic television drama, which currently enthralls throngs of people. The perceived problem with the CSI effect is that the viewing public considers these shows as fact. This is a particular problem when you are dealing with a criminal trial and your jury is composed of that viewing public. If you do a quick Google search, you will see the web is filled with articles, white papers and blogs touching on this very subject. In fact, it has become such a problem that potential jurors find themselves, during voir dire , questioned whether they are viewers of shows such as CSI. I have been following the concepts behind the CSI effect for quite some time now. Not scientifically but rather from a mundane perspective. I must admit before I go any further that I personally only have ever seen CSI perhaps once. This could be related to the old adage of not bringing your work home with you. It could also have something to do with the two toddlers running around in my...

Recently there was an interesting discussion in the LinkedIn Trial Technology forums. It involved the use of social media websites by jurors during the course of trial. The thrust of the conversation questioned ethical issues in researching these websites for juror content. I have been doing a great deal of thinking about this over the past few weeks. As user of social media I base some of my opinions in this blog off what I see from my own friends and family. Still to this day I remain amazed at what is often posted on sites such as Facebook or MySpace. As I delve further into this subject please be aware I do not hold myself out to have any background (other than dealing with my kids) in psychology. Rather a firm grasp of common sense and what happens in a courtroom. So what makes our jury panel turn to social media to talk about a case? BOREDOM. Sure our judge has warned the jury that using social media (or email) to discuss the case is not allowed. And further they could be found ...

The tip staff opens the door and announces that the jury is entering the court room. Everyone stands, some hastily others regrettably. And then there is always that one person attending the proceeding that looks nervously around not sure what to do. The jury marches past the assembled parties like toy soldiers forced to play a game they have little interest in. Then one by one they take their preassigned place upon the weathered wooden chairs in the jury box. Those chairs have seen hundreds if not thousands of trials. And unfortunately they are just as uncomfortable now as they were forty years ago. Then as if almost on cue the judge enters the room after everyone is seated so they can rise again to acknowledge his or her attendance. The jury is sworn and the judge begins to explain some preliminary instructions to the panel. Depending on the charisma of the judge this is akin to a lobotomy or an enjoyable experience for the jurors. In the background unknown to the jury is a paralega...