The Presumption of Innocence Unlike security measures that unequivocally point to the defendant, juror anonymity could beperceived to address potential disturbances wholly unrelated to the defendant.
And finally the paper examines the need for anonymousjuries and concludes that in certain cases jurors may either fear retaliation or actually beexposed to intimidation unless the court employs measures to conceal their identities.
United States, U. Trial judges should acknowledge this fact and permit some inquiry into group affiliations and approximate community in lieu of names and addresses. Inevitably some will The anonymity of juries essay heed to this external material when deliberating, and in cases where the press orchestrate a campaign of hostility towards one defendant, this can interfere with their right to a fair trial and therefore undermine the fundamental principles of English justice.
If their attack continue, then the case will be brought to court and the court will review the defaming statements and determine if they are worthy of a case. The unlocking of the door and the knife in the table — which was critical to the fact-finding process — suggest that prejudice has been dispelled.
In extraordinary cases, juror anonymity is necessary to ensure this goal. Also considered are attempts by trial judges, through particular jury instructions, to minimize or eliminate prejudice to defendants resulting from the use of an anonymous jury.
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.
No matter how professional the judge is, in practice it will be nearly impossible to totally disregard any such evidence from their decision. Another premise underlying the need for anonymous juries is that certain defendants or their sympathizers are likely to corrupt or intimidate the jury.
The registration process just couldn't be easier. Critics complain that judges have imposed anonymity without an indication from jurors that they were afraid. A common criticism of the system is that juries are made up of the unemployed and the retired since nowadays most people under 70 can serve on a jury provided they are on the electoral role.
If the subject of the information provided by the confidential source declines to verify its accuracy or otherwise comment on it, include a statement to that effect in your report. Yet, critics of the anonymous jury contend that prospective jurors could only read the anonymity instruction to be a judicial conclusion of the defendant's guilt.
Since many attorneys believe trials are frequently won or lost during jury selection,2 any procedure diminishing the role of counsel invites close scrutiny and criticism. However, with this age of anonymity, came fear for what it would bring. From to the present the classic network system began to lose their oligopoly on the television viewers of America with the popularization of cable and the uprising of three new n.
Some aspects of juror anonymity may even work to a defendant's advantage. If the evidence put before the jury is flawed, because it is tainted by impropriety, or is inaccurate or incomplete then a flawed result is inevitable. One might more readily conclude, however, that anonymous juries remedy this systemic inequality.
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.
One writer has argued that equal access to information about the jury panel is crucial to a fairvoir dire. Barnes and lead to similar precedent in Canada with the case of The Crown v.
One day while looking up a model I found a site for enthusiast to talk about building and painting these models. Courts have struggled with laws that regulate anonymity.
And finally the paper examines the need for anonymous juries and concludes that in certain cases jurors may either fear retaliation or actually be exposed to intimidation unless the court employs measures to conceal their identities.
Critics complain that judges have imposed anonymity without indication from jurors that they were afraid. Although the limited voir dire is constitutional, it prevents access to information on whichattorneys rely substantially in exercising their peremptory challenges.
Indeed, racial, ethnic and socio-economic undercurrents are present in every case involving an anonymous jury. A result of this is that the judge, who lacks the benefit of juror anonymity, could be made subject to personal vilification by the press if their judgment was unpopular.
The Threat of Anonymous Juries. Because such disclosure does not undermine the purpose of juror anonymity and more than adequately substitutes for the information normally inferable from names and addresses, it should be permitted in every case using the procedure. One writer has argued that equal access to information about the jury panel is crucial to a fair voir dire.
The trial of Paul Bernardo.Sensible Anonymity on the Internet Essay Words | 7 Pages Sensible Anonymity on the Internet Abstract: This paper is an analysis of the anonymity of Internet users. Sample Plan/Essay Topic: “ This is one of the reasons we are strong.” Through his play, Twelve Angry Men, Reginald Rose suggest that the judicial system has more strengths than it does flaws.
They have promised anonymity to jurors in all criminal cases, except in limited circumstances.
4 In this Essay I examine these innovative efforts and encourage other judges and legislators5 to consider the routine use of anonymous juries in criminal cases at least in urban areas where anonymity is feasible.7 By alleviating juror fear, anonymity.
The jury is an essential part of the legal system It must be recognise that the early function of jury is very different form what it is today. The very first jury had acted as.
empaneling anonymous juries); see also Carl Ingram, Bill to Ensure Anonymity of Jurors is Killed, L.A. TIMES, Jan. 17,at A3 (noting that legislation allowing jurors in criminal trials to serve anonymously was voted down in California).
Juries essay: Peter Lucas a) Explain the selection procedure for juries. So as to provide a proper cross-section of society, possible jury members are selected at random from the electoral register.
Further selection is carried out at the court using cards, so this is also random.Download