RESPONSES
What are anonymous juries?
Anonymous juries are
those in which the court withholds the names, addresses, and other
identifying information about jurors and their families from the
parties, their counsel, the public, and the media.
Many courts have
used anonymous juries for cases in which disclosure of the jurors’
identities places them at risk of physical harm or intimidation.
However, this selective use of anonymous juries has a potential
prejudicial effect, especially in criminal trials, insofar that jurors
may perceive the defendant to be an unusually dangerous individual.
Routine use of anonymous juries, in contrast, does not carry this
stigma.
When used on a
routine basis, this technique relieves jurors’ suspicions that
criminal defendants are particularly dangerous, thus eliminating any
potential prejudice that might otherwise exist.
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What procedures are being used in courts
that use anonymous juries?
To impanel an
anonymous jury, the court assigns a number to all persons called for
jury service. This number
functions as the juror’s identification number for the entire term of
jury service. The summons
for jury service instructs each member of the jury panel to report to
court and to identify him or herself using the assigned number.
Alternatively, the court assigns the juror identification number
when the jury panel member first reports for jury service.
All references to the juror (e.g., in jury questionnaires, voir
dire, and trial proceedings) that are accessible to the parties, their
counsel, or the public or media are made according to this
identification number.
The judge explains
to the members of the jury panel that this technique is a routine
practice of the court adopted to protect their privacy from intrusions
by anyone with an interest in the case, including parties, counsel, or
the media. The judge
instructs the prospective jurors that following their release from jury
service, they are free to disclose their identities, but for the
duration of any court proceedings they should refrain from doing so.
The court discloses
a juror’s name to the parties or their counsel only on a showing that
the juror’s identity is likely to lead to evidence sufficient to
impeach the verdict or sustain a challenge for cause.
The parties or their counsel must also demonstrate that
disclosure of the juror’s name is needed to provide the court with
adequate information to rule on a motion for a new trial or a motion to
excuse the juror. The
standards established in federal cases for granting post-trial
interviews or hearings (e.g., requiring a preliminary showing of juror
misconduct) might serve as a basis for developing standards for
disclosing a juror’s name. For
cases in which the media request post-verdict access to jurors, the
judge discloses a juror’s name only if the juror consents to the
disclosure.
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What are the advantages of anonymous juries?
Some advantages of
anonymous juries include:
·
Anonymous
juries increase jurors’ willingness to respond honestly to voir dire
questions, thus enhancing the likelihood of selecting an impartial jury;
·
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juries relieve jurors’ fears of retaliation for potentially unpopular
verdicts, thus improving the quality of jury deliberations and the
fairness of verdicts;
·
Anonymous
juries safeguard jurors from intimidation during trials; and
·
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juries may reduce the need to sequester juries.
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What are the disadvantages of anonymous
juries?
Some disadvantages
of anonymous juries include:
·
Anonymous
juries increase jurors’ suspicions that particular parties, especially
criminal defendants, are dangerous;
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juries may feel less responsible for their verdicts;
·
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jury systems complicate jury administration; and
·
Excessive
post-verdict restrictions on access to jurors’ names prevents trial
counsel and independent researchers from engaging in legitimate
self-education and jury research.
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