The 13th juror

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...