January 17, 2020
News: “Oops!... I Did It Again”*: Dr. Frederick Comments on Using Big Data in Harvey Weinstein Jury Selection in New York Times Article
There have been many changes in how we approach jury selection (and case preparation) over the past decade. One change is the use of social media and big data in jury selection which I briefly discuss in an article on the jury selection for the Harvey Weinstein case appearing in the New York Times.
From the New York Times . . .
Harvey Weinstein Jury Selection: Bias, Big Data and 'Likes'
When lawyers in the Harvey Weinstein rape trial question potential jurors on Thursday, they may already know who has used the #MeToo hashtag on Twitter or criticized victims of sexual harassment in a Facebook discussion.
https://www.nytimes.com/reuters/2020/01/16/us/16reuters-people-harvey-weinstein-jury-business.html (subscription required)
Explore tips for conducting effective group voir dire from our Master Group Voir Dire Tips Series. Check out our introductory two-minute video, Tip 1, Tip 2, Tip 3, Tip 4, Tip 5, Tip 6, Tip 7, Tip 8, Tip 9, and Tip 10.
For more information on voir dire and jury selection, see Mastering Voir Dire and Jury Selection: Gain an Edge in Questioning and Selecting Your Jury, Fourth Edition (2018). Also, check out my companion book on supplemental juror questionnaires, Mastering Voir Dire and Jury Selection: Supplemental Juror Questionnaires (2018).
Available podcasts:
The November 6, 2019, podcast from the ABA Journal’s Modern Law Library series features a discussion of voir dire and jury selection with Dr. Frederick in which he addresses tips for group voir dire, nonverbal communication in jury selection, and jurors and the internet, among other topics. Check out this 40-minute podcast on the ABA Journal’s website: http://www.abajournal.com/books/article/MLL-podcast-episode-110.
On January 25, 2019, Dr. Frederick presented a CLE program entitled “Mastering Voir Dire and Jury Selection” at the ABA Midyear Meeting at Caesar’s Palace in Las Vegas. Legal Talk Network conducted a short, 10-minute interview in conjunction with this program. You can listen to this podcast at: https://legaltalknetwork.com/podcasts/special-reports/2019/01/aba-midyear-meeting-2019-mastering-voir-dire-and-jury-selection/.
Dr. Frederick presented a 60-minute program based on his book, Mastering Voir Dire and Jury Selection: Gain an Edge in Questioning and Selecting Your Jury, for the ABA Solo Small Firm and General Practice Division’s November 21, 2018 session of Hot Off the Press telephone conference/podcast. Check it out at the Hot Off the Press podcast library at: https://www.americanbar.org/groups/gpsolo/podcasts/2018-podcast-library/
*Oops!... I Did It Again, Britney Spears, JIVE Records, 2000.