The 'Googling Juror' Has Emerged As 'Massive Concern' In Courts

By William A. Ruskin In an on-line article titled, " Rely on Instructions to Curb the Socially Networked Juror " (3/19/12), Dr. Ken Broda-Bahm writes that "the 'Googling Juror' has emerged as a massive concern in the courts with plenty of stories on the process being thrown...

William A. Ruskin: Lawyers' Use Of Internet To Influence Jurors

By William A. Ruskin In an earlier article, we discussed the danger posed to an impartial jury system by the " Googling Juror ." In his article titled " Lawyers' Use of Internet to Influence Jurors " (New York Law Journal, 6/12/12), Michael Hoenig cautions that "the danger...

William A. Ruskin: Excluding Prejudicial Demonstrative Exhibits At Trial

By William A. Ruskin Rule 403 of the Federal Rules of Evidence [ enhanced version available to lexis.com subscribers ] governs the admissibility of demonstrative evidence at trial, assuming that evidence is determined to be relevant under Rule 401 [ enhanced version ] . Pursuant to Rule 403, a demonstrative...

William A. Ruskin: Effective Use Of Rhetorical Questions In Jury Summation

By William A. Ruskin The art of persuasion comes in many forms. Recently, we wrote an article about the plaintiff bar’s embrace of Reptile theory . The Reptile theory asserts that you can prevail at trial by speaking to, and scaring, the primitive part of jurors’ brains. However, good...