Question

E-commerce & Cyberlaw

Please read "E-commerce & Cyberlaw" of the text. In the discussion, write your thoughts regarding voir dire and juror use of electronic tools during a case. What is voir dire examination? When does voir dire take place at trial? What is a problem with jurors using these electronic tools during a case? What are some of the steps that a court can do to minimize the use of outside sources during a trial? Do you think that jurors should be held more accountable for their use of such tools, especially given the implications to the outcome of trial? Why or why not? Since the use of electronic tools to give and receive information is customary in both the professional and personal lives of most adult citizens, should courts adapt juror protocol in light of such widespread usage of these? Why or why not?

Answer 1

Voire Dire examination is a preliminary examination of prospective jurors to determine their qualifications and suitability to serve on a jury, in order to ensure the selection of fair and impartial jury.

The problem with jurors using electronic media during a case is that it is against the rules and may lead to mistrials. Courtroom is a place in which jurors are meant to consider only the evidence before them, discuss it only with each other, and do so only after summations, during the period of their deliberations and not by using outside resources or information. Thus, though jurors may be tempted to research issues by searching on Google or visiting Facebook, doing so is completely forbidden. So is their communicating about a trial to an outside person or, even worse, asking that person's advice.