NCJ Number
191309
Journal
Judicature Volume: 85 Issue: 1 Dated: July/August 2001 Pages: 18-25,44
Editor(s)
David Richert
Date Published
August 2001
Length
9 pages
Annotation
This article discussed the difficulty courts face in balancing the privacy of citizens summoned for jury service with the rights of litigants and the public to information about those individuals.
Abstract
Americans hold the concept of personal privacy in very high esteem. Courts collect a great deal of personal information about the citizens who report for jury service. Most citizens understand and support the fact that the court has a legitimate purpose in soliciting personal information. But, what they object to are inadequate court procedures to protect their privacy and requirements to divulge personal information that does not appear relevant to these legitimate purposes or that might be used for illegitimate purposes. None of the techniques or procedures now employed to protect jury privacy are adequate for addressing all concerns in every instance. This article suggested that the content of information requested of prospective jurors and the purposes for which juror information is used by courts will provide a more helpful analysis than the legal framework traditionally employed in case law. It was also argued that distinguishing between information that is relevant and information that is not relevant should be the primary analytical framework for courts seeking to protect the legitimate privacy interests of prospective jurors. This approach was seen as garnering greater public support for and understanding of the legitimate purpose of voir dire questioning and courts’ and litigants’ needs for candid responses to those questions.