scholarly journals Jurors on trial: Lawyers using the internet to research prospective jurors

2021 ◽  
Author(s):  
◽  
Lydia O'Hagan

<p>This paper examines a practice underpinning the exercise of the peremptory right whereby lawyers use the internet to research prospective jurors with a view to challenge. Although it is unclear how common the practice is in New Zealand, the increasing availability of personal information online means that lawyers have a plethora of personal information about prospective jurors at their fingertips. Currently peremptory challenges are exercised in a discriminatory fashion on the basis of broad stereotypes. It is argued that pretrial research by lawyers on prospective jurors could secure a more impartial jury by providing a mechanism for uncovering attitudinal biases or predispositions of prospective jurors, meaning they will be exercised on the basis of stereotypes alone less often. Pretrial research by lawyers could also remedy the disparity of resources between prosecution and defence by providing an independent vehicle for obtaining information. This paper discusses the benefits of pretrial research of prospective jurors and argues that any drawbacks are limited. Potential guidelines for lawyers conducting pretrial research around the collection, use, retention and disclosure of information are proposed before concluding. This paper concludes that pretrial research of prospective jurors serves to protect, rather than undermine, the fundamental right of all parties to a fair trial.</p>

2021 ◽  
Author(s):  
◽  
Lydia O'Hagan

<p>This paper examines a practice underpinning the exercise of the peremptory right whereby lawyers use the internet to research prospective jurors with a view to challenge. Although it is unclear how common the practice is in New Zealand, the increasing availability of personal information online means that lawyers have a plethora of personal information about prospective jurors at their fingertips. Currently peremptory challenges are exercised in a discriminatory fashion on the basis of broad stereotypes. It is argued that pretrial research by lawyers on prospective jurors could secure a more impartial jury by providing a mechanism for uncovering attitudinal biases or predispositions of prospective jurors, meaning they will be exercised on the basis of stereotypes alone less often. Pretrial research by lawyers could also remedy the disparity of resources between prosecution and defence by providing an independent vehicle for obtaining information. This paper discusses the benefits of pretrial research of prospective jurors and argues that any drawbacks are limited. Potential guidelines for lawyers conducting pretrial research around the collection, use, retention and disclosure of information are proposed before concluding. This paper concludes that pretrial research of prospective jurors serves to protect, rather than undermine, the fundamental right of all parties to a fair trial.</p>


2014 ◽  
Vol 45 (1) ◽  
pp. 161
Author(s):  
Lydia O'Hagan

This article examines a practice whereby lawyers use the internet to research prospective jurors with a view to challenge. It is unclear how common the practice is in New Zealand, but the increasing availability of personal information online means that lawyers have a plethora of personal information about prospective jurors at their fingertips. Currently peremptory challenges are exercised in a discriminatory fashion on the basis of broad stereotypes. It is argued that pretrial research by lawyers on prospective jurors could secure a more impartial jury by providing a mechanism for uncovering attitudinal biases or predispositions, meaning the challenges will be exercised on the basis of stereotypes alone less often. Pretrial research by lawyers could also remedy the disparity of resources between prosecution and defence by providing an independent vehicle for obtaining information. This article discusses the benefits of pretrial research of prospective jurors and argues that any drawbacks are limited. Potential guidelines for lawyers conducting pretrial research around the collection, use, retention and disclosure of information are proposed. This article concludes that pretrial research of prospective jurors serves to protect, rather than undermine, the fundamental right of all parties to a fair trial.


2017 ◽  
Vol 64 (3) ◽  
pp. 282-285 ◽  
Author(s):  
Darius Fagan

As technology continues to improve and become more intertwined with our everyday activities, more and more opportunities present themselves for using technology to enhance the work that we do. This article outlines the introduction of Samsung smartphones to a large number of the Department of Corrections’ workforce, as well as giving details on two applications that are being used to improve the day-to-day operations and safety of our community corrections staff in New Zealand. In early 2014, The New Zealand Department of Corrections rolled out Samsung smartphones to over 3000 staff, to aid them with their day-to-day work operations. The idea behind providing staff with smartphones was to allow staff to use their work email and calendar on-the-go, as well as to access the internet when out of the office. The introduction of smartphones represented a marked leap forward in staff mobility and productivity.


2014 ◽  
Vol 2014 ◽  
pp. 1-9 ◽  
Author(s):  
A. I. Reeder ◽  
G. F. H. McLeod ◽  
A. R. Gray ◽  
R. McGee

Background. Sun-tanning perceptions are monitored to identify changes and help refine targeting of skin cancer prevention messages.Aim. To investigate associations between perceptions of sun-tanning and demographic factors among a New Zealand urban population, 1994–2006.Methods. A telephone survey series was conducted during summer in 1994, 1997, 1999/2000, 2002/2003, and 2005/2006. Demographic and personal information (sex, age group, skin sun-sensitivity, and self-defined ethnicity) obtained from 6,195 respondents, 50.2% female, 15–69 years, was investigated in relation to six sun-tanning related statements. A total “positive perceptions of tanning” (ProTan) score was also calculated. Regression analyses modelled each component and the ProTan score against survey year and respondent characteristics.Results. Statistically significantly higher ProTan scores were found for age group (strong reverse dose-response effect), male sex, residence (highest in Auckland), ethnicity (highest among Europeans), and sun sensitivity (ann-shaped association). There was no statistically significant change in total ProTan scores from baseline.Conclusions. The development, pretesting, and evaluation of messages for those groups most likely to endorse ProTan statements should be considered for the New Zealand skin cancer prevention program. To achieve and embed significant change, mass media campaigns may require greater intensity and reinforcement with sustained contextual support for settings-based behavioural change.


2019 ◽  
Author(s):  
◽  
Youssef Ramzi Mansour

Big data is a relatively new concept that refers to the enormous amount of data generated in a new era where people are selling, buying, paying dues, managing their health and communicating over the internet. It becomes natural that generated data will be analyzed for the purposes of smart advertising and social statistical studies. Social data analytics is the concept of micro-studying users interactions through data obtained often from social networking services, the concept also known as “social mining” offers tremendous opportunities to support decision making through recommendation systems widely used by e-commerce mainly. With these new opportunities comes the problematic of social media users privacy concerns as protecting personal information over the internet has become a controversial issue among social network providers and users. In this study we identify and describe various privacy concerns and related platforms as well as the legal frameworks governing the protection of personal information in different jurisdictions. Furthermore we discuss the Facebook and Cambridge Analytica Ltd incident as an example.


2005 ◽  
Vol 11 (1) ◽  
pp. 90-112 ◽  
Author(s):  
Lincoln Dahlberg

Much communications research is in agreement about the failure of mass media to adequately facilitate a public sphere of open and reflexive debate necessary for strong democratic culture. In contrast , the internet's decentralised, two-way communication is seen by many commentators to be extending such debate. However, there is some ambivalence among critical theorists as to the future role of the internet in advancing the public sphere. On the one hand, the internet is providing the means fot the voicing of positions and identities excluded from the mass media. On the other hand, a number of problem are limiting the extensiveness and effetivness of this voicing. One of the most significant problems is the corporate colonisation of cyberspace, and subsequent marginalisation rational-critical communication. It is this problem that i will focus on in this article, with reference to examples from what I refer to as the 'New Zealand online public sphere'. I show how online corporate portals and media sites are gaining the most attention orientated to public communication, including news, information, and discussion. These sites generally support conservative discourse and consumer practices. The result is a marginalisation online of the very voices marginalised offline, and also of the critical-reflexive form of communication that makes for a strong public sphere. I conclude by noting that corporate colonisation is as yet only partial, and control of attention and media is highly contested by multiple 'alternative' discursive spaces online.


2019 ◽  
Author(s):  
Vaclav Janecek

This article analyses, defines, and refines the concepts of ownership and personal data to explore their compatibility in the context of EU law. It critically examines the traditional dividing line between personal and non-personal data and argues for a strict conceptual separation of personal data from personal information. The article also considers whether, and to what extent, the concept of ownership can be applied to personal data in the context of the Internet of Things (IoT). This consideration is framed around two main approaches shaping all ownership theories: a bottom-up and top-down approach. Via these dual lenses, the article reviews existing debates relating to four elements supporting introduction of ownership of personal data, namely the elements of control, protection, valuation, and allocation of personal data. It then explores the explanatory advantages and disadvantages of the two approaches in relation to each of these elements as well as to ownership of personal data in IoT at large. Lastly, the article outlines a revised approach to ownership of personal data in IoT that may serve as a blueprint for future work in this area and inform regulatory and policy debates.


2003 ◽  
Vol 105 (1/2) ◽  
pp. 96-110 ◽  
Author(s):  
Helen Barton
Keyword(s):  

Author(s):  
Adam N. Joinson ◽  
Carina B. Paine

This article examines the extant research literature on self-disclosure and the Internet, in particular by focusing on disclosure in computer-mediated communication and web-based forms – both in surveys and in e-commerce applications. It also considers the links between privacy and self-disclosure, and the unique challenges (and opportunities) that the Internet poses for the protection of privacy. Finally, the article proposes three critical issues that unite the ways in which we can best understand the links between privacy, self-disclosure, and new technology: trust and vulnerability, costs and benefits, and control over personal information. Central to the discussion is the notion that self-disclosure is not simply the outcome of a communication encounter: rather, it is both a product and process of interaction, as well as a way of regulating interaction dynamically. By adopting a privacy approach to understanding disclosure online, it becomes possible to consider not only media effects that encourage disclosure, but also the wider context and implications of such communicative behaviours.


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