| |
Protecting Juror Privacy
|
20
|
THE COURT SHOULD TRY TO PROTECT JURORS FROM UNREASONABLE AND UNNECESSARY INTRUSIONS INTO THEIR PRIVACY DURING JURY SELECTION. IN ADDITION TO MONITORING LAWYERS’ QUESTIONS, THE COURT SHOULD PROVIDE ALTERNATIVES FOR JURORS WHO DO NOT WISH TO ANSWER PARTICULAR QUESTIONS IN OPEN COURT. THE COURT SHOULD INFORM JURORS OF THESE OPTIONS BEFORE THEIR QUESTIONING.
DURING JURY SELECTION IN APPROPRIATE CASES, THE TRIAL COURT SHOULD SUBMIT WRITTEN QUESTIONNAIRES TO POTENTIAL JURORS REGARDING INFORMATION THAT THEY MAY BE EMBARRASSED TO DISCLOSE BEFORE OTHER JURORS. THE COURT SHOULD SOLICIT COUNSEL’S COMMENTS REGARDING THE APPROPRIATENESS OF SUCH A QUESTIONNAIRE AND ITS CONTENTS. THE COURT SHOULD INFORM THE POTENTIAL JURORS THAT THEIR QUESTIONNAIRES WILL REMAIN CONFIDENTIAL. THE COURT SHOULD DESTROY THE QUESTIONNAIRES OR MAINTAIN THEM, SEALED, IF NECESSARY TO PRESERVE THE RECORD. RELEVANT PORTIONS OF THE TRANSCRIPT OR TAPED RECORD SHOULD ALSO BE SEALED.
BEFORE DISMISSING JURORS FROM SERVICE ON A TRIAL, THE COURT SHOULD INFORM JURORS OF THEIR RIGHTS TO DISCUSS OR REFRAIN FROM DISCUSSING THE CASE.
|
Protecting
Juror Privacy
in Sensitive Cases
|
During jury selection in cases such as sexual harassment or sex crimes, counsel often will ask potential jurors whether they have ever been sexually harassed, assaulted, or molested. Jurors may find such questions embarrassing and intrusive and be less willing to speak publicly about their prior experience. In sensitive cases, the court should consider using written questionnaires and examining jurors outside the presence of other jurors. The questionnaires would identify which jurors should be separately questioned. Jurors’ privacy would thereby be protected while still allowing the parties effective jury selection. The trial court has this discretion and should use it in appropriate cases.
|
Procedures for Juror Questionnaires
|
The court should solicit comments of counsel regarding both the appropriateness of a juror questionnaire and the content of individual questions. The court should explain to the jurors the reasons for the questions. The questions should be simple, easy to read, and easy to answer.
|
Procedures When Dismissing Jurors
|
At the end of a trial, jurors are sometimes concerned about whether they should discuss the case with others. The jurors’ concerns should be addressed by a brief discussion of their right of privacy. They should be informed of their right to speak, or not to speak, to anyone after trial. Further, they should be cautioned about the privacy interests of their fellow jurors and should be reminded not to disclose identifying information about other jurors.
|
|
|
References:
Recommendation 22, Arizona Supreme Court Committee on More Effective Use of Juries, Jurors: The Power of 12, Summary of Recommendations (“Protect Juror Privacy During Voir Dire: In addition to monitoring lawyer questions to prevent unreasonable and unnecessary intrusions into the privacy of jurors’ lives, the trial judge should provide alternatives for jurors who do not wish to answer particular questions in open court. The jury panel should be informed of these options prior to questioning.”).
G. Thomas Munsterman, et.al., Jury Trial Innovations, §III-4 (1997) (Privacy Considerations in Voir Dire—recommending option of responding to voir dire in camera); §III-5 (Individualized Voir Dire).
American Bar Association’s Jury Standard 20 (see Appendix 4). (The Jury Commission supports all aspects of this standard except subparagraph (e), which concludes that jurors “should have the continuing protection of the court” when others persistently question them about their jury service. Jurors have other civil and criminal remedies, and although the court has authority to regulate the parties’ and counsel’s requests to interview jurors after the trial, the court lacks jurisdiction over third parties.).
|
|
|
