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Why are jurors not anonymous in Irish court cases?

  • 04-02-2010 11:50am
    #1
    Moderators, Entertainment Moderators Posts: 18,002 Mod ✭✭✭✭


    I was familiar with American jury systems (albeit from TV) where the jurors, in the court room, are anonymous.

    However, when I was picked for jury duty, I was quite surprised that my name would be read out each day in a role call to ensure I was present. This would be in front of a packed court room, including the accused.

    What is the rationale behind this versus that of other countries where it appears more anonymous? This intimidates jurors that bit more, especially in more serious cases where it would make it easier to engage in juror tampering / intimidation.


Comments

  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    The rationale, such as it is, is that both prosecution and defence are entitled to know the identity of the jurors so as to challenge them for cause (each side has seven challenges that can be used to veto a juror without cause and unlimited challenge to remove a juror who is shown not to be a proper person to be on the jury e.g. the accused ran over his cat, e.g. a prosecuting gard is prosecuting a family member of the juror). That right can not be exercised if the jury is anonymous.

    Now, if the concern is jury intimidation/tampering, presuming the accused is the person most likely to engage in same, then once he knows the identity of the jury, there's no further risk really in everyone else hearing them read out in open court.

    Can you provide any link/info on anonymous systems you refer to ? I strongly suspect the accused and prosecution are still supplied with identifications (and actually a lot more info than is provided here - being name, address and frequently but not always occupation).


  • Closed Accounts Posts: 350 ✭✭rubensni


    There is no "American system" per se. Jurors in California, for example, are not only not anonymous, but are free to talk about the trial and deliberations and are frequently interviewed by the press after trials. Different states, different rules.
    In any case, TV is never a good guide. Most people here expect judges to have gavels, but you won't find one in a courtroom.


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