Jury Impartiality in the Age of Social Media: Social Media, Prejudicial Pretrial Publicity, and a Criminal Defendant's Sixth Amendment Right to an Impartial Jury

Jury Impartiality in the Age of social media examines a relatively new issue facing the United States Court systems, criminal defendants, attorneys, and judges across the states. How will social media play a role in the selection of juries? How do lawyers find an impartial jury, considering that soc...

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Bibliographic Details
Published in:The Journal of law in society Vol. 24; no. 1; p. 1
Main Author: Berghol, Hannah
Format: Journal Article
Language:English
Published: The Journal of Law in Society 01-01-2024
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Summary:Jury Impartiality in the Age of social media examines a relatively new issue facing the United States Court systems, criminal defendants, attorneys, and judges across the states. How will social media play a role in the selection of juries? How do lawyers find an impartial jury, considering that social media renders information accessible within seconds? The note examines the history of news and jury impartiality and what courts have done to combat this issue. However, with the growing popularity of social media, attorneys, judges, and criminal defendants quickly began to realize they have a new problem on their hands when it comes to jury impartiality. Considering this reality, this note proposes a change to the Federal Rules of Evidence to combat the issue of jury impartiality and social media and addresses possible counterarguments. This note is the first of its kind to propose such a solution. While this is nowhere near the end of this road, this is a start. The author calls upon legal scholars to examine the proposed rule changes and continue with the fight for fairness and impartiality to protect the constitutional rights of our citizens.
ISSN:1538-5876