Computers, Privacy & the Constitution

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JonathanBonillaSecondPaper 10 - 26 Jun 2009 - Main.EbenMoglen
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"The purpose of voir dire questioning is to obtain a fair and impartial jury"

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 I have edited the essay to further explain the advantages of using information profiles in voir dire. Admittedly, on further research I was unable to locate articles that explicitly discussed the effect of technology on jury selection, and initially had taken Prof. Moglen's word for it that such effect was pronounced. As a result, I have softened my language and changed the focus of the effect, from "dooming a trial" to resulting in an "information disconnect."

-- JonathanBonilla - 28 May 2009

  • No one should ever rely on anything I say, that's for sure. But I think the route to success here isn't to decide whether inequalities of access to information will doom the criminal defendant or merely impede fairness: in every area the mismatch of resources between the public prosecutor and the indigent defendant's lawyer makes itself felt one way or another. What's interesting here is not either a prediction of doom or triumph, no doubt more dramatic than the eventual reality, but a more qualitative assessment of what one does want as an advocate in the jury selection process, whether the availability of net-generated profiling data is becoming useful to trial counsel, not only in criminal cases with substantial resource disparities, and if so, how. I agree that information may be hard to come by, but there should be some out there. This topic called for research, rather than speculation, I believe.

Revision 10r10 - 26 Jun 2009 - 01:54:41 - EbenMoglen
Revision 9r9 - 28 May 2009 - 20:39:50 - JonathanBonilla
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