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Your location: Jury Center :: Juries In-depth :: Privacy, Protection and Publicity
Anonymous juries
Anonymous juries are a relatively new phenomenon; the first instance of their use
in American history was in a federal case in New York in 1977. The Supreme Court
has never decided whether an anonymous jury is constitutionally permissible, but
many lower federal courts and state courts have permitted the practice.
Most supporters of anonymous juries believe there are two exceptional kinds of
cases in which it should be acceptable to keep the names and addresses of venirepersons/jurors secret:
- To protect venirepersons/jurors
from possible threats, bribes, other unlawful attempts at influence, or
retaliation from an especially dangerous or powerful criminal defendant. Prototypically, such a defendant
is one who is believed by the prosecution to be a member of a violent gang
whose other members are willing to corrupt the judicial process to protect the
defendant.
- To protect jurors in
high-publicity cases from being hounded during the trial by members of the media or the general
public who seek to gain or impart information that the jurors
are not supposed to give or receive, or from being harassed by the media or the
public after the case has ended. (Note that when anonymity is
granted under either of these rationales as to matters that might occur during
trial, it is essentially a less burdensome alternative to sequestration.)
By contrast, some supporters of
anonymous juries believe they should be the norm rather than the exception in
criminal cases because:
- Citizens would be more apt to
respond to summonses if they felt their identities were protected.
- Venirepersons would be more
likely to be truthful about embarrassing facts during the jury selection
process if they were anonymous.
- Jurors have real fears about
harassment or retaliation from the defendant or his/her associates after an
unfavorable verdict in most criminal cases (although these fears are usually
more imagined than real). Note: In keeping with these
rationales, a few jurisdictions have made juror anonymity standard procedure.
Nonetheless, there are powerful
arguments against anonymous juries:
- In criminal cases, making a jury
anonymous probably sends a signal to the jurors that the defendant is a very
dangerous person, thereby undermining the presumption of innocence; it is
speculative whether this impression can be cured by a jury instruction.
- A litigant may be hampered in
the voir dire process by not knowing basic identifying information about the
venirepersons.
- Anonymity undercuts the
important general public interest in fully open court proceedings, and the
specific interest of the media fully reporting.
It should be noted that to make
anonymity fully effective, sometimes extraordinary additional steps must be
taken:
- The trial judge ordering the
court records containing the jurors’ identifying information sealed at the end
of the trial.
- The jurors being transported by
court authorities to and from a central gathering point to make it more
difficult for anyone to follow the jurors to their homes and thereby learn
their identities.
Reading list concerning
anonymous juries
Babak A. Rastgoufard, Note, Pay Attention to that Green Curtain: Anonymity and
the Courts, 53 Case W. Res. L. Rev. 1009 (2003).
Barry Tarlow, RICO Report [Anonymous Juries], 27 Champion 52 (2003).
Steven D. Zansberg, The Public’s Right of Access to Juror Information Loses More
Ground, 17 Commun. Lawyer 11 (2000).
Abraham Abramovsky & Jonathan I. Edelstein, Anonymous Juries: In Exigent
Circumstances Only, 13 St. John’s J. Leg. Commentary 457 (1999).
Nancy J. King, Nameless Justice: The Case for the Routine Use of Anonymous
Juries in Criminal Trials, 49 Vand. L. Rev. 123 (1996).
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