When in trial, you are fighting two battles: the court of law and the court of public opinion. The court of public opinion has the potential to influence the court of law by using social media content to sway jurors. The Sixth Amendment of our Constitution guarantees a trial by an impartial jury, but in today’s digital age, social media poses significant risks to fair trials and juror impartiality, ultimately having the potential to impact the proceedings and outcomes of a case.[1] When the jury remains impartial, it helps ensure a fair trial, and we, the people, can trust that the verdict is rooted in facts, rather than social media content, outside assumptions, or pressures.[2] Jurors may unknowingly be influenced by the social media content they have access to at their fingertips, despite being instructed to stay neutral and base their verdict solely on the evidence presented in court.
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