The anonymity of juries essay

The jumbled borders between good and bad, legal and illegal make it impossible for one case to be like the other. That tradition began to erode with the unprecedented sua sponte trial court decision to use an anonymous jury in the case of United States v.

This was helpful as it gave more substantial and legal advice for holding anonymous users accountable for their actions. Some judges will assume at the outset of the proceeding, and instruct juries deliberating the case to presume likewise, that there was no source for the information attributed to an anonymous source.

Introduction Juror anonymity is an innovation that was unknown to the common law and to American jurisprudence in its first two centuries.

If the jurors are not already apprehensive, extensive questioning about such fears would certainly tend to generate the fear the questions are designed to detect. He concludes that a relatively broad voir dire is necessary to remedy this institutional disparity. Concerned parents worried that their internet savvy children were unsuspectingly being lured by predators over the internet chat rooms.

Whether jurors perceive their anonymity as a measure designed to prevent tampering or violence, it does little to alter their perception of certain defendants, since most qualified jurors have some pretrial impressions or opinions of merits of important, publicized cases.

The Threat of Anonymous Juries. The process can empower the disempowered and act as a resounding model for a democratic society. In rejecting a per se rule against anonymity, the Thomas Court underlined two essential prerequisites for use of an anonymousjury.

We, the jury, who are anonymous. Barnes, a highly publicized criminal trial of notorious organized crime figures in New York City. Trial judges should acknowledge this fact andpermit some inquiry into group affiliations and approximate community in lieu of names andaddresses.

Without names and addresses, prosecutors could not take advantage of the superior informational and investigative resources of the government. Anonymity thus ensures that both sides are onequal footing with regard to information about prospective jurors.

Courts have struggled with laws that regulate anonymity. I joined the site and a whole new world opened up to me. As Rose clearly shows, honouring these safeguards not only empowers individuals to engage in the judicial process, but acts as the basis for a just verdict which reflects a decent, caring democratic society; diversity may hinder, but in this case it can facilitate also justice.

Only a few bastions of true anonymity remain, most notably the controversial website: They can also still be excused if cause is shown. Log in or register now. Critics complain that judges have imposed anonymity without an indication from jurors that they were afraid.

The appellate court reversed this ruling, however, and tossed the case, noting that the reporter did not rely exclusively on information provided by confidential sources.

The question then becomes whether this inference pre-judicially alters the juror's perception of a defendant. Although plausible, this conclusion necessarily depends on certain unsupported assumptions about juror perception and knwledge.

12 Angry Men: Sample essays (justice/jurors)

In these cases, attorneys selected a jury from a panel of prospective jurors whose names, addresses, ethnic backgrounds and religous affiliations remain unknown to either side. Although anonymous juries are unusual since they are typically only empanelled in organized-crime cases, its use has spread more recently to widely publicized cases such as the federal prosecution of police officers accused of beating Rodney King; and the trial of those accused of the World Trade Center bombing.

The Anonymity Of Juries Essay Research Paper

Because conviction requires a unanimous verdict, anonymity increases the possibility of a hung jury by increasing the liklihood that jurors associated with religous, ethnic or socio-economic groups favoring particular defendants will slip through the voir dire.

Barnes, a highly publicized criminal trial of notorious organized crime figures in New York City.

The Anonymity of Juries

The fairness aspect, in that a majority or unanimous decision is required and the perceived success of British justice all point in favour of trial by jury.

Preventing a defendant from using his reputation or resources to discourage conviction preserves, rather than subverts, the integrity of the judicial process. I have likened being in an anonymous website to a gold mine. Preventing a defendant from using his reputation or resources to discourage conviction preserves, rather than subverts, the integrity of the judicial process.

It is in this vein that the Dendrite Case fails. On the other hand, anonymous juries have been employed across Canada ever since as more and more local systems adopt the precedent. The idea that millions of people can have can talk unfiltered without any accountability is both astounding and frightening.

They went to my school and I would have never approached them otherwise, however, after we started playing Halo together we became close friends and still are to this day.

Of course, a juror may interpret anonymity as a measure designed only to prevent jury tampering, not as a measure protecting him from a violent defendant. Whether jurors perceive their anonymity as a measure designed to prevent tampering or violence, it does little to alter their perception of certain defendants, since most qualified jurors have some pretrial impressions or opinions of merits of important, publicized cases.

Whether jurors perceive their anonymity as a measure designed to prevent tampering or violence, it does little to alter their perception of certain defendants, since most qualified jurors have some pretrial impressions or opinions of merits of important, publicized cases.

Second, while no juror expressed any fear of violence on the record in Barnes and its progency, jurors have voiced such fears in cases involving less notorious defendants. It also discusses the effect an anonymous jury may have on the presumption that a defendant is innocent until proven guilty.

Thus Rose would suggest they reach a fair and reasonable verdict.routine use of anonymous juries in criminal casess at least in urban areas where anonymity is feasible. 7 By alleviating juror fear, ano- nymity can enhance the participation of citizens in jury service, the.

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The Anonymity of Juries, Free Study Guides and book notes including comprehensive chapter analysis, complete summary analysis, author biography information, character profiles, theme analysis, metaphor analysis, and top ten quotes on classic literature.

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