Anonymous Jury

The federal district judge in the terrorism trial of Syed Hashmi has decided, despite the arguments put forward by defense counsel, to empanel an anonymous jury.  While there have been anonymous juries in previous terrorism trials, this decision here is somewhat troubling because of the reported rationale relied on by the trial judge for her decision. According to media reports, the judge in the case stated that "anonymity will assist in jurors being more willing to admit to possible biases...[and] will probably encourage the giving of truthful answers." 

While anonymous juries are necessary at times to ensure the safety of jurors, they do not facilitate truth telling by jurors.  Just the opposite, they encourage jurors to be less truthful because jurors realize that no one can verify their answers.  There are numerous examples of both the media and attorneys uncovering less than honest jurors (see for example the Jose Padilla case). However, for this to happen one needs to know  who is sitting on the jury.  

Media outlets reporting on the story include.

Jury to Be Anonymousin Trial of Ex-Student Accused of Aiding Al Qaeda New York Times

 

Rebuffing Defense Objections, Federal Judge Authorizes Anonymous Jury in NY ... The National Law Journal

 

NY judge: Anonymous jury will hear terrorism trial The Associated Press