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Definition
| Postponement of a trial to a later time |
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| To isolate jurors to avoid prejudice from publicity in a sensational trial. |
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| A nonlegal term used to describe court orders that prohibit publication or discussion of specific materials |
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| Judge's instructions to jurors warning them to avoid potentially prejudicial communications |
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Definition
| Not ignorant of the case but no fixed opinion of the guilt or innocence of the defendant. Must be capable of rendering verdict based purely on evidence presented in court. |
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| A notice asking an individual to appear at a court. Potential jurors receive such a summons. |
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| In the context of jury selection, the ability of attorneys to remove a potential juror for a reason the law finds sufficient, as opposed to a peremptory challenge. |
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Definition
| To select and seat a jury |
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| Any act that is judged to hinder or obstruct a court in its administration of justice. For example, journalists may be cited for contempt of court for refusing to disclose information. |
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| Acts, generally outside the courtroom, that defy court orders or obstruct court proceedings, such as failure to comply with a subpoena to appear in court sometimes called indirect contempt. |
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| Conduct in or near a court that willfully disregards, disobeys or interferes with the court's authority. |
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Definition
1. The proceedings have a largely uninterrupted history of openess, and
2. Openness contributes to the proper functioning of the proceeding itself. |
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| Experience and Logic Test |
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Definition
| A doctrine that determines the presumptive openness of judicial proceedings on the basis of their history and the role openness plays in assuring the credibility of the process. |
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Term
| To seek court closure, you must provide: |
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Definition
1. Speciifc, on the record findings that there is a "substantial probability" that openness will jeopardize the defendant's right to a fair trial; and
2. Convincing evidence that closure is "essential" to preserve the trial's fairness. |
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Term
| Pretrial publicity may create prejudice when: |
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Definition
- Jurors are exposed to pretrial publicity
- Evidence in court does not point convincingly to a clear verdict
- Information provided by the media seems better - more convincing, more likely or more reliable - than the evidence presented in the court
- The media consistently lean toward one verdict;
- all the remedies available to the court fail at the same time
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Term
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Definition
| A court order forbidding the defendant from doing a specified act until a hearing can be conducted. |
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Term
| In order to justify gag orders on the media that prevent disclosure of information produced in court, you must have: |
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Definition
1. Disclosure of the protected information would present a clear and present danger to a fair trial
2. There is no effective alternative to a gag on the press
3. The gag will effectively eliminate the danger to the fair trial
4. The gag is narrowly tailored to restrict only the information that must be kept secret. |
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Term
| Media should not cover the following in criminal trials: |
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Definition
- The existence of a confession
- The content of a confession
- Statements or opinions of guilt or innocence
- The results of lab tests
- Statements or opinions on witness credibility
- Statements or opinions on the credibility of the evidence or the investigative process or personnel
- Other information or statements reasonably likely to affect the trial verdict
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