Shareholder Christopher Keleher Published in the University of San Francisco Law Review

June 2010

Although anonymous juries have been de rigueur in cases of national prominence, their use in routine matters is a recent trend. The Repercussions of Anonymous Juries examines the increasing use of anonymous juries and the constitutional implications they raise. The origins, history, and use of anonymous juries are explored, along with the benefits and drawbacks of anonymity.

An oft-overlooked facet of anonymous juries is the psychological consequences of anonymity. Are anonymous juries more likely to convict? Social science research suggests they are. Anonymity is a multifaceted issue balancing juror safety with a defendant's presumption of innocence. But hard choices cannot excuse the unpleasant reality that anonymity undermines the presumption of innocence.