NCJ Number
108297
Journal
Fordham Law Review Volume: 54 Dated: (1986) Pages: 981-1003
Date Published
1986
Length
23 pages
Annotation
Measures to conceal the identities of jurors are sometimes necessary to prevent jurors from experiencing intimidation or fearing retaliation for their verdicts.
Abstract
The proposition that anonymous juries impermissibly erode the presumption of innocence rests on dubious assumptions concerning juror psychology. In addition, other established practices represent more of a threat to the presumption of innocence than anonymity does. The defendant has an interest in the undisclosed information, but not a constitutional right to it. Nevertheless, judges should disclose certain information about jurors, instead of identity, to attorneys who request it. Circuit courts should also establish specific guidelines governing the imposition of anonymity. The trial judge should consider whether defendants have taken part in 'dangerous and unscrupulous conduct,' especially as part of a large, organized criminal enterprise. Judges should also consider evidence of defendants' past attempts to interfere with the judicial process. Finally, extensive pretrial publicity suggests the need for anonymity. 180 footnotes.