|
Unaccountable at the Founding: The Originalist Case for Anonymous Juries |
|
|
|
|
Kory A. Langhofer [View as PDF]
|
115 Yale L.J. 1823 (2006)
This Comment argues that the courts overlook important Founding-era evidence on juror accountability. It concludes that the Public Trial Clause does not require juror identification. Part I describes the Public Trial Clause accountability argument made against the anonymous jury. Part II then turns to the evidence rebutting this argument--namely, that the First Congress treated juror identification requirements as statutory law, not constitutional law, and that the accountability argument is inconsistent with the theory of juries that prevailed at the Founding.
|
