tag:blogger.com,1999:blog-8298837746880587541.post7578855549660289104..comments2024-01-06T05:01:09.131-06:00Comments on The Defense Rests: Court tells jurors to say no to cell phonesPaul B. Kennedyhttp://www.blogger.com/profile/15827522954049831696noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-8298837746880587541.post-65664807646467501962009-07-03T18:22:36.268-05:002009-07-03T18:22:36.268-05:00Thanks for your reply -- I think that approach mig...Thanks for your reply -- I think that approach might be appropriate.<br /><br />The sad thing is that I realize now that I have a fairly significant pro-defense bias, particularly when it regards DWI, drug possession and other non-violent crimes.<br /><br />Strike that. . . <br /><br />I guess I have a bias towards all defendants, as I should. After all, people are innocent until proven guilty.<br /><br />While that doesn't mean that I couldn't find a defendant guilty, I'd have to be pretty certain to convict, which is the standard that the law requires.<br /><br />I guess I worry that if I answered a prosecutor's question by saying that I've written numerous posts about DWI and have read many NHTSA studies, I'd be an automatic strike for the prosecution in a DWI trial. That said, I'd do my best to answer honestly.Feistyhttps://www.blogger.com/profile/18136508250749472285noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-75408737324544939062009-07-02T21:03:40.796-05:002009-07-02T21:03:40.796-05:00Thank you for your comment. My fear as an attorney...Thank you for your comment. My fear as an attorney is a juror saying he has no biases that would prevent him from hearing the case and deciding it on the facts of the case and those facts alone; and then finding out he had expressed strong opinions on a key issue on a blog or a social media site.<br /><br />So, maybe a fairer question would be "have you ever blogged about an issue that might arise in this trial?"<br /><br />Of course, if someone were unwilling to answer the question, that would be grounds to strike.Paul B. Kennedyhttps://www.blogger.com/profile/15827522954049831696noreply@blogger.comtag:blogger.com,1999:blog-8298837746880587541.post-28389423315306261802009-07-02T17:36:44.660-05:002009-07-02T17:36:44.660-05:00If asked during voir dire if I blog, I would certa...If asked during voir dire if I blog, I would certainly say that I do. If asked for the address of my blog, I would tell both sides to screw off. Voir dire doesn't give the prosecution or the defense license to read what I write in my spare time, especially as I do it anonymously.<br /><br />If lawyers have specific questions that might give them a better idea as to how I might decide a particular case, they can ask those questions. I will be more than happy to answer. But they don't have a right (and I doubt they would have the time, even in a capital case) to read everything I've written on my blog to determine if I'm fit for jury service.<br /><br />I'm less worried about other social networking sites, particularly when the potential juror intentionally makes his identity known publicly . . . that should be fair game. But if someone wants to remain anonymous, he should be permitted to do so.Feistyhttps://www.blogger.com/profile/18136508250749472285noreply@blogger.com