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I selected over a hundred live juries
and now I’ve selected four virtual
juries let me show you the difference
this is a zoom call with over 104
participants even when you narrow it
down to this shot of potential jurors
all you see is little faces and little
boxes and sometimes you don’t even see
their faces and you don’t know what
they’re doing unless for example this
juror who’s in for Dyer is working at
the auto repair shop or even when you’re
in trial this juror is watching the
trial from his car on his phone
virtual jury selection is not a one-man
job
one set of eyes cannot watch all the
potential jurors on a screen or even
those who are not on the screen at the
same time you need multiple people
trained in jury selection to watch the
jurors and while you’re doing vordia in
other words asking the questions of the
jurors you can really only focus on one
potential juror at a time so you can’t
ask traditional questions to a group of
jurors for example you ask one juror if
they have any negative feelings about
corporations and the expression opinion
and then you can ask the rest of the
people in a live box did you hear what
Mrs X said does anybody else have
opinions like that in Virtual jury
selection that simply doesn’t work
rules are what’s missing from virtual
jury selection in other words court
rules that were designed to create a
formal atmosphere and force attention
concentration and honesty are lacking
people who are left on their own devices
in other words their computer and other
things don’t focus in the same way they
don’t take it as seriously and often
they don’t abide by the rules in other
words they’re shopping on eBay or
they’re taking care of their dog or
they’re answering the door they’re not
fully committed to the process
it’s difficult to focus a virtual jury’s
attention unless you’re interacting
one-on-one with them so you have a
limited period of time to interact and
make a decision as to whether this
individual juror is good or bad once
you’re done with the examination and
you’re on to somebody else you can’t
focus on the previous juror or the next
juror you’re limited to really dealing
with one person at a time
if you’ve never done virtual jury
selection in the past you have to think
about all the things frankly that can go
wrong and have multiple people with you
at the same point in time
it’s a dividing conquer process people
have to watch those potential jurors who
are not visible on your screen they need
to figure out who’s paying attention
who’s not paying attention and social
research and jury questionnaires become
more important because you have less
physical time with each potential juror
it’s hard to say what’s the weirdest
thing that’s happened but I can give you
some examples one potential juror was
clearly in her car during jury selection
but she was driving while she was in her
car it turned out that she lost the zoom
link so she drove to the Juror
Commissioner physical office and missed
the beginning of War Dyer she acquired
the zoom link and then she got on zoom
on her phone and drove from the juror
Commissioner’s Office back to her home
to 10 jury selection hopefully she
wasn’t completely concentrating on jury
selection while she was driving
regardless she wasn’t fully engaged in
the process other examples would include
people working out on elliptical
machines
people asleep people cooking in their
kitchen
people answering the door to receive
packages from Amazon and all other
things you could possibly imagine other
than concentrating on jury selection
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San Francisco, CA commercial litigation attorney Edward Hugo explains how virtual jury selection differs from live jury selection.