Criminal defense lawyers protest increased use of nameless jurors.More federal prosecutors in major criminal cases are calling for anonymous juries. Defense lawyers are concerned by the trend. Prosecutors say they need to protect jurors from embittered em·bit·ter tr.v. em·bit·tered, em·bit·ter·ing, em·bit·ters 1. To make bitter in flavor. 2. To arouse bitter feelings in: was embittered by years of unrewarded labor. or threatening defendants, their friends, and other citizens who don't like the verdict. Defenders say that anonymity signals jurors that the defendants are dangerous. According to according to prep. 1. As stated or indicated by; on the authority of: according to historians. 2. In keeping with: according to instructions. 3. Marjorie Fargo, a jury consultant in Alexandria, Virginia, "When a juror juror n. any person who actually serves on a jury. Lists of potential jurors are chosen from various sources such as registered voters, automobile registration or telephone directories. is told that the jury is going to be anonymous, it immediately interjects a fear factor." Anonymity is supposed to assuage as·suage tr.v. as·suaged, as·suag·ing, as·suag·es 1. To make (something burdensome or painful) less intense or severe: assuage her grief. See Synonyms at relieve. 2. jurors' fears, but Fargo believes that it may actually make them more afraid for themselves or their families. (Eva M. Rodriguez, When Jurors Dare Not Speak Their names, legal Times, May 9, 1994, at 1.) Many defense lawyers argue that it is not in defendants' interests to threaten jurors; in most cases, a frightened juror would be more likely to convict. Matt Smith of Grand Rapids, Michigan “Grand Rapids” redirects here. For other uses, see Grand Rapids (disambiguation). Grand Rapids is a city in the U.S. state of Michigan. As of the 2000 census, the city population was 197,800. , immediate past chair of ATLA's Criminal Law Section, says he objects to jury anonymity for several reasons. Along with stripping away the presumption of innocence A principle that requires the government to prove the guilt of a criminal defendant and relieves the defendant of any burden to prove his or her innocence. The presumption of innocence, an ancient tenet of Criminal Law, is actually a misnomer. According to the U.S. , he said, anonymity can potentially sever jurors' sense of responsibility to the community, leading to an unfair result for the defendant. Worse, the restriction reinforces a disturbing trend toward cutting down the information available to lawyers during voir dire voir dire (Anglo-French; “to speak the truth”) In law, the act or process of questioning prospective jurors to determine whether they are qualified and suitable for service on a jury. . Many judges already do the questioning during jury selection. "The questions and concerns of judges are not those of litigants," he said. "I'm afraid eventually lawyers will be so restricted that they will practically have to choose jurors on the basis of their appearance." In some cases, judges compensate for anonymity by getting the lawyers more information in other ways. The judge in Rodney King's federal civil rights case allowed a jury questionnaire of over 50 pages, according to Elissa Krauss, a jury consultant in Philadephia. Anonymous juries are of relatively recent origin, and they still are far from common. The first anonymous jury seems to have been used in the trial of alleged drug kingpin Nicky Barnes in 1979. (United States v. Barnes, 604 F.2d 121 (2d Cir. 1979).) Thus far, the U.S. Supreme Court has denied certiorari certiorari In law, a writ issued by a superior court for the reexamination of an action of a lower court. The writ of certiorari was originally a writ from England's Court of Queen's (King's) Bench to the judges of an inferior court; it was later expanded to include writs to appeals from prisoners convicted by anonymous juries. Some states are reluctant to accept the practice; for example, the Massachusetts Supreme Court has ruled that anonymous juries put defendants at a disadvantage and violate the state's constitution. |
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