Jurors' views toward computers

Jurors' views toward computers

Another area of importance in voir dire, and one that is also often communicated non-verbally, is each juror's attitude toward computers. The defense attorney must determine if each juror, to any extent, condones computer crime, or feels more hostile towards computers than to computer criminals.FN83

Hostility towards computers is not necessary for someone to be a good juror from the defense perspective. Computer professionals may make excellent defense jurors such as where the practices of computing professionals are not dramatically different from those of which the defendant is accused.FN84

In questioning the jury, it is possible to elicit negative attitudes towards computing. This may be accomplished by asking a series of questions based on well-known objections to computing, such as invasion of privacy, computer error, and computers as a threat to human jobs. However, prosecution may argue that such questions constitute objectionable attempts to prejudice the jury. Therefore, counsel must be careful to avoid or be prepared to argument his or her point, if such objection is raised.

Additionally, building on the prosecutor's questions about each juror's occupation provides an opportunity for the defense to explore each individual's nonverbal reactions to computer concepts. It may be helpful to have either the defendant or an assistant watch the entire jury to see if anyone has a negative reaction to the use of computer-related terms.