Finding Untainted Jurors in the Age of the Internet

The Supreme Court will hear arguments Monday on whether Jeffrey Skilling's conviction should be overturned because the prejudice against him in Houston was so strong and pervasive that he could not receive a fair trial. It has been two decades since the Supreme Court has considered a major change of venue case, and its jurisprudence is still rooted in decisions based on small communities dominated by a single local newspaper and perhaps a few local television news outlets. The law has been slow to adapt to a more general, more intense and yet more atomized media environment. How potential jurors become informed in the Internet era, experts in jury behavior said, cuts in two directions. It may now be harder than ever for defendants to find wholly untainted jurors in their own communities. At the same time, a change of venue in a truly high-profile case is less likely than ever to solve the problem.