The amount of data generated daily is growing exponentially. The majority of this data is unstructured data. Big Data analytics provides the capability to analyze sets of unrelated data to find hidden and meaningful correlations and predict an individual’s future actions. Therefore, Big Data can alter trial preparation by opening up new sets of information for lawyers to analyze in the jury selection process. Privacy concerns may follow Big Data’s incorporation because Big Data aggregates an individual’s information and predicts future actions. This Comment details how Big Data will provide a net benefit to trial preparation. In order to protect an individual’s right to privacy, however, there should be a statutory change to challenges for cause. This change will safeguard the rights and privacy of individual jurors while simultaneously ensuring that legal professionals, notably in the jury selection process, may utilize Big Data.
Litigating in the 21st Century: Amending Challenges For Cause in Light of Big Data,
43 Pepp. L. Rev.
Available at: https://digitalcommons.pepperdine.edu/plr/vol43/iss1/4