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Jury Selection for child pornography case

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mffn

Junior Member
What is the name of your state? NY

I listed the name of the state, but this is a US Government case. If I am posting to the wrong location, please move the post or let me know. I wasn't sure where the best place to post this would be.

I would like to get informed opinions for a federal child pornography case. The defendant is an internet consultant working for the adult entertainment industry. Defendants defense will be that he was commissioned to locate illegal copies of clients' pornographic videos being traded in P2P networks, and in the course of collecting large amounts of pornography downloaded from P2P networks, he inadvertently had downloaded what the government claims to be child pornography. The defendant will claim that he did not know that he had child pornography in his computer, and that there was no criminal intent. The government will most likely argue "willful blindness," saying that because he is an expert of the internet, he should have known that by downloading large amounts of files from P2P networks, he was going to download child pornograhpy. The defendant will also argue "overbroad as applied" on first amendment issues.

The case is headed for tiral in October, and the defendant does not have funds to hire a jury consultant and is being defended by a public defender. I would like to know if anyone can advise or give their opinion as to the type of juror best for the defense, and also the type of jurors to strike.
 


spmlawyer

Member
Seriously

Since this is a NY case, you should have enough reasonably intelligent people in the pool. I'd try to get:

1. College educated, preferably a large university, ivy league or "liberal" school;
2. Anyone involved in publishing, including Internet or IT.
3. Young (18 - 25) or children of the '60's.
4. Attorneys
5. Proponents of free speech
6. Antagonistic to government - ask views about Patriot Act, wiretapping, etc.

Avoid:

1. Parents/grandparents of young children
2. Teachers from grades pre-K to high school and anyone who works with kids
3. Civic-minded citizens
4. Clergy
5. Victims of sexual or physical crimes/child molestation
6. Religious types
 

You Are Guilty

Senior Member
HappyHusband said:
Isn't the average education of the average juror approximately an eigth grade education?
For state courts, in certain counties, coughBronxcough, that's an overstatement. Federal courts are not nearly as bad, despite the fact that the automatic exemption for lawyers still exists there. :p
 

mffn

Junior Member
Thank you

spmlawyer said:
Since this is a NY case, you should have enough reasonably intelligent people in the pool. I'd try to get:

1. College educated, preferably a large university, ivy league or "liberal" school;
2. Anyone involved in publishing, including Internet or IT.
3. Young (18 - 25) or children of the '60's.
4. Attorneys
5. Proponents of free speech
6. Antagonistic to government - ask views about Patriot Act, wiretapping, etc.

Avoid:

1. Parents/grandparents of young children
2. Teachers from grades pre-K to high school and anyone who works with kids
3. Civic-minded citizens
4. Clergy
5. Victims of sexual or physical crimes/child molestation
6. Religious types
Thank you for your detailed opinion. If anyone else has more suggestion, I'd appreciate it.
 

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