Facebook is changing the courtroom, playing an increasing role in jury selection and causing legal complications.
But the practice of investigating possible jurors' social networking profiles is controversial. In some places, the courts have upheld the lawyers' rights to research jurors online. Recently, a New Jersey Appellate Court ruled that a lower court judge erred by prohibiting a plaintiff's attorney from using the Internet in the courtroom.
But others don't think the courts should abandon the traditional jury selection process in favor of Internet snooping.
"There are a number of people who post who they want to be, as opposed to who they are," said Jason Schultz, co-director of the Samuelson Law, Technology and Public Policy Clinic at the University of California at Berkeley Law School.
Facebook use by jurors has also come under scrutiny.
"Back to jury duty can it get any more BORING than going over piles and piles of metro pcs phone records... uuuuughh," Arturo Ramirez, a jury foreperson posted to Facebook in 2008.
After the trial concluded and the jury delivered a conviction on the gang beating case, defense attorneys found out about the posting and issued subpoenas to Facebook and Ramirez for records of the status update. The social networking website initially refused, but last week the court ordered Ramirez to sign a consent order allowing Facebook to hand over the posting.
The order was appealed, and subsequently denied, by the California Court of Appeals, and the case is currently awaiting review by the California Supreme Court.
As Facebook penetrates into all aspects of modern life, its usage in courthouses, jury rooms and legal cases will only continue -- and continue to attract controversy.
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