ETHICS: JURY SELECTION IN THE DIGITAL AGE Selecting a Jury Effectively, and Ethically

--- ethics / tech / trial - fiscal responsibility
--- course production date: 11/25/2017
--- presented by WENDY PATRICK

Long gone are the days where lawyers practiced their shorthand skills, writing as tiny as possible to capture everything a juror said on a yellow post it note. Modern lawyers have literally a world of information at their fingertips in court. Competent, ethical lawyers need to know what is out there, how to access it, and what they can ethically use.

We live in an age where lawyers are no longer forced to rely solely on what jurors say in the courtroom. Time permitting, Internet research is used to explore and supplement what a juror is comfortable revealing in front of a room full of strangers. Social media sites function as lie detectors, exposing the often significance difference between the persona a juror reveals in the fishbowl of the courtroom, and the details they reveal to their hundreds of “friends” and online connections. But how far can a lawyer go in accessing this information?

Key course points are:
• Explore which search engines are safest to use to research jurors.
• Learn how to avoid accidentally contacting a juror online.
• Consider which social media platforms will yield the most valuable information about your jurors.
• Strategize how to use social media to verify the accuracy of what jurors tell you in court.
• Consider how your personal use of social media might influence your jury.

--- presented by WENDY PATRICK

Wendy L. Patrick is a career trial attorney, recognized by her peers as one of the Top Ten criminal attorneys in San Diego by the San Diego Daily Transcript, and named the Public Lawyer of the Year by the California State Bar Public Law Section. Dr. Patrick has completed over 160 trials ranging from hate crimes, to domestic violence, to first-degree murder.

In her current assignment in the Special Operations Division she handles cases involving sensitive issues including threat assessment. She is the immediate past President of the Association of Threat Assessment Professionals (ATAP) San Diego Chapter, and an ATAP Certified Threat Manager. In her previous assignment in the Sex Crimes and Human Trafficking Division, Dr. Patrick prosecuted sexually violent predators, human traffickers, stalkers, rapists, and child molesters. She has served as Co-Chair of the statewide California District Attorneys Association Sexual Violent Predators Committee and Human Trafficking Committee.

Dr. Patrick speaks to community groups, law enforcement organizations, and a wide variety of legal and educational institutions both nationally and internationally about threat assessment, cutting edge investigation and use of social media, the methodology of sexual predators and stalkers, and how to increase public awareness and protect the community. Her PhD thesis focused on the psychology of attraction as used by criminals and manipulators in society, and how to spot the red flags.

Dr. Patrick has lectured nationally and internationally on the topics of sexual assault, domestic violence and human trafficking. She has taught human trafficking within the United States, as well as in Hong Kong, South Korea, and South Africa. She frequently teaches sexual assault prevention for the Army, having presented programs domestically as well as in Wiesbaden, Germany.

She has been involved with the San Diego Domestic Violence Council, the San Diego Child Protection Team, and the Sexual Assault Response Team, from whom she received the SART Response with a Heart Award based on her significant contribution to the professional field of sexual assault prosecution. She also lectures frequently on topics involving the safe use of social media, cyber-crime, and threat assessment.