When former Illinois Governor Rod Blagojevich was on trial, the judge was asked to keep the identities of the jurors hidden from the community. The request was unusual because it violates the legal practice of permitting the public to have access to information about jurors in order to build public faith in the objectivity of the legal system.
Despite this principle, the judge ordered that the identities of the jury members be kept secret to prevent the jurors from being influenced by e-mail, blogging, texting, Facebook, tweats, and other electronic media. The appeals court urged the judge to reconsider the ban, arguing that denying the public access to the identity of the jury flies in the face of the longstanding legal tradition of accessibility and candor.
Using utilitarianism, construct an argument that supports the appeals court.
Now use rational ethics to construct an argument that upholds the judges' original ruling. Explain each argument and determine which of the two positions you prefer. Explain that preference.
(See David J. Bird and Jeffrey M. Weimer, "Keep Jurors' Identities Public," The National Law Journal, August 23, 2010, p. 50.)