the identities and addresses of jurors known to the judge, the

prosecution, and the defense. 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. Barnes, a highly publicized criminal

trial of notorious organized crime figures in New York City. Since

"Barnes," Federal prosecutors in New York have requested and been

granted anonymous juries in a number of similar cases, a development

which has generated criticism. This paper first addresses the issue of

whether juror anonymity violates a defendant's sixth amendment right

to a jury trial by adversely affecting the defendant's ability to

exercise effectively peremptory challenges during voir dire. It also

discusses the effect an anonymous jury may have on the presumption

that a defendant is innocent until proven guilty. 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. And finally the paper examines the need for

anonymous juries and concludes that in certa

unjustified if anonymity is unecessary. The need for anonymous juries

Margolin, Ephraim & Uelman, Gerald F. (1994, Fall). The Anonymous

27 United States v. Barnes, 604 F.2d 121, 141 (2d Cir. 1979), cert.

due to the trial's notoriety, anonymity is necessary to prevent the

An impartial jury is only a criminal defendant's

jurors.13 This equality of ignorance may favor defendants. Because

perception of certain defendants, since most qualified jurors have

Consistent with due process and the sixth amendment,7 the

In extraordinary cases, juror anonymity is necessary to ensure this

questioning about such fears would certainly tend to generate the fear

during jury selection,4 any procedure diminishing the role of counsel

verdict despite such fears rather than because of them. Thus, even if

Some common words found in the essay are:
Thomas Court, Challenge Consistent, Anonymous Juries, Barnes1 Despite, Barnes Federal, United Barnes, Innocence Unlike, United Thomas, Introduction Juror, Trade Center, anonymous juries, anonymous jury, cert denied, juror anonymity, criminal justice, criminal justice journal, justice journal, 2d cir, voir dire, 9th cir, rights accused criminal, accused criminal, warrant jeopardizing rights, benefits warrant jeopardizing, juries benefits warrant,
Approximate Word count = 2851
Approximate Pages = 11 (250 words per page double spaced)