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The Litigation Consulting Report

Grandma Took a Selfie?! 7 Voir Dire Questions for Older Jurors

Posted by Laurie Kuslansky on Wed, May 14, 2014 @ 03:30 PM

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voir dire older jurors grandma selfie a2l consultingBy Laurie R. Kuslansky, Ph.D.
Managing Director, Jury & Trial Consulting
A2L Consulting

Recent research[1] reveals that assumptions about the use of technology may be surprising: there’s a significant rise in Internet use (from 53% to 59% since 2012) – not by high-schoolers – but by people over 65! “Many seniors face hurdles to adopting new technologies, but once they join the online world, digital technology often becomes an integral part of their daily lives.”[2]

Which seniors use technology?

  • 3/4 adults over 65 own a cell phone (vs. 90% of adults), an increase from 69% to 77% since 2012.
    • Only 18% had smartphones; most rarely use them for texting or apps, but rather, for the convenience of having a phone handy.
  • 3 of 5 have Internet access (compared to 90% of adults)
  • However, only 27% of seniors use social networking sites, so don’t expect to see grandpa on Facebook (46% of seniors vs. the national average of 73%) or Twitter (only 6% of seniors) any time soon.
  • There is a significant drop in technology use after age 75.

jury consulting trial consulting jury research

Technically, Not All Seniors Were Created Equal

Unsurprisingly, older adults tend to be suspicious of the Internet and the risk of losing privacy, face physical challenges dealing with it, and find learning new technology difficult. Faced with change, they don’t readily see the need or usefulness of it.  However, once taught, many embrace it, but have to get there first.  Many of those who do use the Internet go online daily.  Seniors who use social networking sites also claim to socialize more than those who do not.  Older women outnumber older men using social networking (52% v. 39%).

YOUNGER  (mid-late 60s)

AFFLUENT (Annual household income ≥ $75,000)

HIGHLY EDUCATED (≥ College degree)

OLDER (≥ 75)

LESS AFFLUENT (<$30,000)

LESS EDUCATED (No college)


Quite connected to the digital world

Largely disconnected

Own multiple devices

Hardly use technology

Integrated the Internet to daily lives

Not comfortable learning how to use technology on their own

Have positive attitudes toward online life

Don’t feel like they are missing out on too much


Who takes “selfies”?’

In the age of documented narcissism and individuals starring in their own imaginary reality shows, those who take selfies are more likely:

  • Women than men
  • Young (averaging under 26 years old)

Gender Differences

  • Men who take selfies tend to be older than women
  • Men are more likely to post them on Instagram than women
  • Women’s poses are more expressive than men’s (e.g., 50% higher rate of head tilt)

(For more data on selfies, see SelfieCity’s interesting analysis.[3])

New approaches to older jurors

When digital technology was in its pioneering stage, many assumed that it excluded older adults.  Nowadays, however, more people age 65 and older are joining the ranks of users, so it behooves you to explore them differently and, as usual, make no assumptions.  In voir dire, knowing that older users tend to have other traits relating to education and household income, knowing their Internet use can be a window into other, relevant information about them.  In addition, if you check the Internet during voir dire, including social networking sites, don’t forget to see if older adults are active.  You may be surprised. [4] 

What to ask in voir dire?

Instead of skipping over seniors, include them in the inquiry:

  1. How often do you go online, if at all?
  2. What do you usually use the Internet for, if anything?
  3. Do you use any social networking sites such as Facebook?
  4. If so, which ones?
  5. What type of cell phone do you use, if any?
  6. What types of things do you use your cell phone for, if anything?
  7. What are your feelings about new technology?

Remember, “None are so old as those who have outlived enthusiasm” (Henry David Thoreau) ... or technology.


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[1] Smith, Aaron. Older Adults and Technology Use 4/3/14 at http://www.pewinternet.org/2014/04/03/older-adults-and-technology-use/

[2] Op Cit. Smith, Aaron. 4/3/14.

[3] Investigating the style of self-portraits (selfies) in five cities across the world at http://selfiecity.net/#selfiexploratory

[4] Selfies for Oldsters: It’s Time to Represent. 3/4/2014 at http://seniorplanet.org/selfies-for-oldsters-its-time-to-represent/

Tags: Jury Questionnaire, Trial Consultants, Jury Consulting, Litigation Consulting, Trial Consulting, Jury Consultants, Voir Dire, Jury Selection

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Ken Lopez founded A2L Consulting in 1995. The firm has since worked with litigators from all major law firms on more than 10,000 cases with over $2 trillion cumulatively at stake.  The A2L team is comprised of psychologists, jury consultants, trial consultants, litigation consultants, attorneys and information designers who provide jury consulting, litigation graphics and trial technology.  Ken Lopez can be reached at lopez@A2LC.com.


Tony Klapper joined A2L Consulting after accumulating 20 years of litigation experience while a partner at both Reed Smith and Kirkland & Ellis. Today, he is the Managing Director of Litigation Consulting and General Counsel for A2L Consulting. Tony has significant litigation experience in products liability, toxic tort, employment, financial services, government contract, insurance, and other commercial disputes.  In those matters, he has almost always been the point person for demonstrative evidence and narrative development on his trial teams. Tony can be reached at klapper@a2lc.com.

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Laurie R. Kuslansky, Ph.D., Managing Director, Trial & Jury Consulting, has conducted over 400 mock trials in more than 1,000 litigation engagements over the past 20 years. Dr. Kuslansky's goal is to provide the highest level of personalized client service possible whether one's need involves a mock trial, witness preparation, jury selection or a mock exercise not involving a jury. Dr. Kuslansky can be reached at kuslansky@A2LC.com.

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