this post was submitted on 18 Apr 2024
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No Stupid Questions

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I have old Facebook and Twitter accounts, maybe some others. I'm old so there's a MySpace account out there. But I've mostly been using reddit the last decade or so, and have migrated to Lemmy. Now, Lemmy is the only social media i use. Recent news got me thinking about this question.

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[–] [email protected] 54 points 7 months ago* (last edited 7 months ago) (3 children)

Good answers here, but ignoring probably the most realistic and practical truth of the matter in my opinion.

You won't immediately be sent to the stocks for saying "I don't want to answer", the worst case scenario is that some officer of the court informs you that you must answer the question even if you don't want to. And even that is only going to happen if the attorney asking the question insists. And I struggle to imagine a situation where a competent attorney would do so.

Being hostile towards your prospective jurors, making them feel exposed and uncomfortable, is not a way to march to victory in a trial. They want to ensure you aren't prejudiced against their client/case. Making you dislike them personally IS prejudice. Causing prejudice is a bad way to eliminate prejudice.

They will ask questions, mostly yes/no ones, that you need to answer honestly. They may ask for clarification. If you don't want to answer and say so, it's unlikely anyone will press you because that unnwillingness to answer is just as clear an indication of who you are as anything else.

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[–] [email protected] 3 points 7 months ago (9 children)

Answering the question in chronological order, during the voir dire portion of the jury selection process, jury candidates would be asked a battery of questions by the parties to the case, plus by the judge, to determine if the candidates can be sufficiently impartial as jurors. Some qualities are -- legally speaking -- so inherently prejudicial that a juror could not sit on the jury, such as being a active judge in a different court. Other qualities are potentially prejudicial, such as if a candidate is a police officer and the case is about police brutality.

For a case where social media evidence will play a large part, the parties may not want a juror that is keenly familiar with memes and the latest online trends. The lawyers would be permitted to ask about social media use, and could remove the candidate if their answer indicates some articulable bias that isn't an illegal category (eg sex, race). Alternatively, they can remove a candidate peremptorily, without describing their reasoning, but the number of these removals is limited.

Since the question supposes that the jury has already been selected, it may have been that the case didn't involve social media or the lawyers and judge didn't ask about it. However, jurors are always asked if they have any reason they cannot be impartial, so jurors would have to speak up if they have any doubts at all, vis-a-vis their anonymous social media accounts.

Still, after the selection process, when the jury is impaneled, they will be asked to avoid seeking out relevant news articles or discussing the case with anyone outside the jury room. This is not as rigorous as sequestration, but this would include avoiding posting on social media about the case. Jurors are usually free to carry on with the rest of their lives, with that in mind.

Thus, to answer the question, an anonymous social media account doesn't need to be "given up", unless it would affect the case somehow. But having such an account is potentially disclosable during the jury selection process. Ideally, the inquiring attorney would simply ask about the nature of the anonymous account, rather than forcing them to out their account.

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[–] [email protected] 7 points 7 months ago

I was just about to ask this same question in a different thread. I’m in a similar situation, in that Lemmy is the only social media I use (Reddit before the API crap), but I’ve never used my real name. I’d happily own all my comments, but the point of an anonymous account is that I don’t have to. I guess when you’re under oath it doesn’t matter, you have to truthfully answer the question that’s asked.

[–] [email protected] 8 points 7 months ago (3 children)

The court has more important things to do than inquire about your internet history, and you'd have to be a moron to bring up the subject.

Why would they ask about social media at all?

[–] [email protected] 4 points 7 months ago

Why would they ask about social media at all?

[–] [email protected] 6 points 7 months ago

Because it’s in everyone’s best interest that people with overt bias are dismissed. In high profile cases it’s standard practice for both sides to do pretty intensive research on individual prospective jurors (they get a list), and that often includes scouring the web for their social media accounts. If they find something you posted, and you didn’t disclose your account when asked, you could be in trouble.

I don’t think it’s usually standard to ask specifically about social media accounts, at least in normal mundane cases, but in a crazy case like this, it can say a lot about a person’s ability to be impartial.

[–] [email protected] 22 points 7 months ago (1 children)

Somehow I feel like you haven’t read the news in the last 72 hours…

[–] [email protected] 6 points 7 months ago (4 children)

Man it must be nice to live in wherever bubble @morphballganon is in.

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[–] [email protected] 24 points 7 months ago (4 children)

I just want to add, that this is completely hypothetical. I was just fantasizing about slipping onto Trump's jury.

[–] [email protected] 42 points 7 months ago (1 children)

There are much easier ways to get a lifetime of death threats.

[–] [email protected] 14 points 7 months ago (4 children)

But, would it be worth it?

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[–] [email protected] 35 points 7 months ago

Absolutely not. If asked, just refuse to answer, don't lie. But, I've been summoned a few times and they've never asked about that, so far.

[–] [email protected] 13 points 7 months ago* (last edited 7 months ago) (2 children)

Legally, wouldn't you have to?

When you're answering the questionnaire, you're already sworn-in and under oath, so I would assume you'd legally have to. Not sure what the penalty would be, though, but I'm not really interested in finding out.

I guess they'd also have to prove it's yours, though. Still, even though I use a pseudo-anonymous name online, I don't post anything I wouldn't want my real name next to.

Edit: OTOH, you could probably refuse to answer which would likely get you dismissed. IANAL, though. The last time I was summoned for jury duty, they didn't ask about social media accounts or anything like that. Just a few questions that would have indicated whether I could be impartial.

[–] [email protected] 14 points 7 months ago (3 children)

That feels like a privacy issue, maybe related to the topic of whether or not they can force you to unlock your phone? I don't know where the current law is on that.

[–] [email protected] 6 points 7 months ago* (last edited 7 months ago) (1 children)

Yeah, that's why I added that bit at the bottom. You could probably safely decline to answer, but they'd likely dismiss you for that. Which, if you just want out of jury duty, may be a way to do it lol. Either way, you should definitely not lie and say "no".

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