Jury Orientation in the United States District Court For the Eastern District of Pennsylvania

Jury Orientation in the United States District Court
For the Eastern District of Pennsylvania

Dale G. Larrimore, Esquire

Larrimore & Farnish, LLP, Philadelphia

            In 2014, Chief Judge Petrese Tucker challenged the Jury Committee of the US District Court for the Eastern District of Pennsylvania, under the leadership of Honorable Juan Sanchez, to create a new jury orientation video that would be more interesting and informative for prospective jurors. I had the honor of writing the script for the new orientation video and now, in 2016, this new jury orientation video is being utilized in the jury assembly room in the federal court in Philadelphia. Narrated by Jim Gardner of 6abc Action News WPVI-TV and, demonstrating the geographic, gender and racial diversity of the court, the video features Judges Padova, Schmehl and Beetlestone, with an introduction by Chief Judge Tucker.

            As would be expected, prospective jurors are told that they should use their common sense to weigh the credibility of witnesses and to decide the factual disputes that are presented in the trial. Jurors are instructed that it is important that each of them contribute to the discussion of the facts in the case before reaching a verdict.

            In the initial questioning of a jury panel, attorneys often spend time explaining the voir dire process. Perhaps it is helpful to know that the jury panel is told in the video to expect that counsel will be asking them questions to determine their “ability to sit as fair and impartial jurors” in the particular case in the courtroom to which they are assigned. The prospective jurors are told that “voir dire” is a term in Old Legal French that means “to speak the truth” and that they have a duty to provide honest answers to the attorneys’ questions “with the utmost candor and fairness to all parties.”

            Perhaps the most interesting addition to the new jury video is the emphasis placed on social media and the internet. Jurors are instructed that they must not try to act as amateur detectives, performing their own independent investigation.

You may not use the internet or Google Earth to learn anything about any locations mentioned during any trial in which you are a juror… Jurors must not research the case online in any way or supplement their knowledge about the case from any sources.

We are all aware that in daily life many of you regularly use the internet to enhance your knowledge, but you must not “Google” any of the parties, witnesses, or attorneys to learn more about them. Relying on information you obtain outside of the courtroom would be unfair and prejudicial because the parties would not have opportunity to refute, correct or explain.

            This point is then re-emphasized near the end of the orientation video, when the jurors hear that, “using information gathered in secret and discussed only by the jurors behind closed doors undermines the public process and violates the rights of the parties.” The parties in the case and everyone in the community are entitled to know the evidence on which a jury verdict is based.    

            Contrasting with the instruction to jurors not to do any online investigation of the parties or attorneys, the new video informs jurors that during jury selection and the trial the attorneys have the right to review each juror’s internet presence. “Any public information that is available about you on the internet may be view by the attorneys in any case in which you are a juror.”

            In the new video, prospective jurors are also instructed that they may not communicate anything about the case to anyone, via email, test messages, blogs, Facebook, LinkedIn, Twitter, Instagram, or any other form of electronic social media. Any communication about the matter before them or their jury service before the case is over is absolutely prohibited, and violation of these rules could result in contempt of court.

            As would be expected, the jury orientation video expresses appreciation for their time and service as a juror, but also points out that their service is both a duty and a privilege.

A jury trial will likely affect someone you know at some point during your lifetime. That person will want a jury that is doing its duty and will expect a jury of fair-minded people who are willing to hear the evidence and treat the case with fairness and justice.

Today is your turn to serve others. Please serve just as you would want others to be impartial jurors in any future trial that might affect you, your family or your acquaintances.