Lawyers and defendants face new challenges in the courtroom as social media networks have created a digital world. In this world, at any given moment an individual, group or organization can publish potentially defaming information about someone. This information is then distributed through various channels to an exponential readership. Online publications, news, blogs and social media sites are some of the outlets that can help to distribute this information. After being posted, this information becomes readily available and can be retrieved by anyone at any time, and is often difficult to have removed. To some, this issue is non-existent but for those facing pending litigation, this can impact a potential juror’s perspective.
In litigation, judges and attorneys are tasked with evaluating the panel of prospective jurors through the voir dire process. The final product of voir dire is a jury. The jury has to remain impartial at all times to properly carry out their task. Potential jurors who are found to be biased during the voir dire process are removed from the panel. Ultimately, it is the final panel of jurors that will have the task of making the final decisions that determine the outcome of the trial.
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