Self Deprecation

The request is so urgent my boss needs it by the end of the work week. Which, y'know, is 5 PM on a Friday. So I have four hours to do it.

It's a forwarded request. Somebody contacted a member of the donation team asking for help, "I need a map from the Vietnam War to use for a presentation." It's somebody she's trying to coax into giving a five figure donation to the museum.

The request was asked to the donation team member, who then emailed my boss, who then emailed and called me urgently.

This map required:

North and South Vietnam in it

All four areas that South Vietnam was divided into for military purposes ('Corps') clearly delineated

Four cities, all of them horrifically misspelled, and only identifiable because I know what battle the requester is asking about (it’s in III Corps on the border with Cambodia) (the requester danced around the battle but I’m knowledgeable enough to identify it)

Has Laos and Cambodia in it

Has the Ho Chi Minh Trail in it

So. I was mad about the 'you have literally four hours to find a map with a lot of requirements.'

I was then mad at myself about finding a copyright free map from Texas Tech University within half an hour, proving her right for asking me to do it.

Then, after I found a map that perfectly met the requirements, I was equally amazed, baffled, and horrified when I read further into the forwarded email chain.

The donation team team member they were speaking to used AI to generate a map.

The above put half of North Vietnam in South Vietnam, made the Ho Chi Minh Trail a country, made 60% of Cambodia part of South Vietnam, put the DMZ extremely high up in North Vietnam, completely disconnected the southern tip of Vietnam, misplaced all of the Corps zones, etc etc

At the very last second the donation team member had a moment of divine clarity, remembering there's three historians on payroll to ask for this kind of thing from. So she contacted my boss while saying, "I had fun with this, but I decided I should check for accuracy before I send it to the donor! I need a fact check by the end of the day, then I send it"

My boss, while not the most knowledgeable on the Vietnam War, does know her geography. She took one look, and knew it was so off she called me to tell me how urgent it is that I look at the email and respond

First, you need to understand that the rule that jurors can’t just google things is coming from a good place. Like imagine that you are on a jury that’s considering, say, a medical malpractice lawsuit and one of your fellow jurors comes into the jury room and says to you, “I think the victim’s expert was lying because WebMD totally contradicts everything they said.”

And you might be like, “But WebMD is notoriously unreliable website and the expert you’re talking about is a researcher from Mayo Clinic.” But this person cannot be swayed.

Like, we can all agree that would be bad.

So even though these rules can contribute to unjust outcomes as in the case above (and seriously, the fact that the defense attorney didn’t fact check that is probably grounds for legal malpractice), they also prevent jurors from just looking up bullshit online and taking it more seriously than the actual experts the court has put on. And I think in the era of anti-vaxxers/QAnon/COVID denial/etc., we can all understand why it’s a bad idea to trust that people can tell fact from bullshit online.

So in light of this, how do you as a juror fact check something?

The key here is that you have to ask the court for information. Jurors can ask questions of the court during deliberations, so if something you said sounds off to you, you can ask for more information.

The key term you want to use here is “credibility.”

The job of a jury is to decide what are called “questions of fact.” Long before the trial even starts, lawyers will have hashed out all the “questions of law” --- like, what the statute of limitations is; what laws, exactly, were allegedly broken; whether the court you’re in even has jurisdiction; stuff like that. Jurors are responsible for deciding which side’s version of the facts has more credibility.

For instance, if the prosecution’s witness says X and the defense’s witness says Y, the jury is responsible for deciding which is true, X or Y. And you do this by weighing which one is more credible.

So in this case, if the juror had known to, he could have told the judge, “In order to properly assess the ICE agent’s credibility, I need more information about his tattoo. I have doubts about whether he was telling the truth about it, which would impact how credible I would find his testimony. Can the agent please provide evidence that it really is what he says it is?”