Term
| Which of the following types of stories are not likely to jeopardize a suspects' ability to attain a fair trial? |
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Definition
| Stories that provide the defendant's side of the story. |
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Term
| The actual impact of pretrial publicity on jurors: |
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Definition
| May not be much of problem because people generally do not remember a lot of what they see or hear in the news media. |
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Term
| As demonstrated in Seattle Times v. U.S. District Court (1988) and The Washington Post Co. v. Hughes (1991), some appellate court judges have: |
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Definition
| Suggested the effects of pretrial publicity are overestimated. |
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Term
| As contained in U.S. v. Burr (1807), the U.S. Supreme Court defined an impartial juror as an individual who: |
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Definition
| Is not overcome by outside knowledge and may fairly consider decisions based upon evidence presented in court. |
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Term
| In Irwin v. Dowd (1961), the U.S. Supreme Court said impartial jurors: |
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Definition
| Should not be overwhelmingly prejudiced about the defendant's guilt. |
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Term
| In Murphy v. Florida (1975), the U.S Supreme Court further clarified its definition of an impartial juror, stating that they: |
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Definition
| May be knowledgeable about the facts and issues involved, but should be indifferent about the defendant's guilt. |
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Term
| In Patton v. Yount (1984), the U.S. Supreme Court again commented on the meaning of an impartial juror, finding that they: |
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Definition
| Should not have a fixed opinion so they are able to impartially judge evidence. |
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Term
| What term is used to describe the judicial remedies employed to combat pretrial publicity? |
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Definition
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Term
| What is generally considered the last resort for a judge seeking a solution to pretrial publicity? |
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Definition
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Term
| The process by which each potential juror is questioned to discover bias prior to being impaneled is called: |
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Definition
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Term
| Unlike challenges for cause, peremptory challenges: |
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Definition
May not be refused by a judge.
-AND-
May be limited by the number of challenges that may be raised.
-AND-
May be exercised without any cause. |
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Term
| Change of venues are warranted when: |
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Definition
| The court believes it is in the best interest to select a jury that knows less about the circumstances surrounding the case. |
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Term
| Importing a jury panel from a distant community located outside the court's jurisdiction is referred to as a/an: |
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Definition
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Term
| If a judge wants to diminish pretrial publicity by ordering a continuance, he or she must first obtain: |
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Definition
| Consent from the defendant. |
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Term
| When a judge directs a jury to consider only the evidence presented in the courtroom, he or she is giving a/an: |
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Definition
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Term
| One disadvantage of sequestration is that it: |
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Definition
| Separates jurors from their family and friends, potentially leading to prejudice against one of the parties. |
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Term
| The Supreme Court's decision in Sheppard v. Maxwell (1966) is significant because: |
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Definition
The Court ruled that a conviction may be overturned on the basis that the suspect did not receive a fair trial because of significant pretrial and trial publicity.
-AND-
The Court said it is the trial judge's responsibility to ensure the defendant's rights are not jeopardized because of prejudicial press publicity.
-AND-
The Court's decision was misinterpreted and used as grounds and momentum for issuing restrictive orders against the press. |
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Term
| In Nebraska Press Association v. Stuart (1976), the Supreme Court determined: |
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Definition
| The restrictive order in question violated the First Amendment; however, other orders may be permissible if they meet a three-part test. |
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Term
| As a result of Nebraska Press Association (1976), courts have: |
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Definition
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Term
| As evidenced by the Sixth Circuit Court of Appeals ruling in Procter & Gamble Co. v. Banker's Trust Co. (1996), restrictive orders are: |
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Definition
| Not permissible if the press already has legally obtained information that is a matter of public concern. |
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Term
| Restrictive orders aimed at trial participants may target the release of information about the: |
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Definition
Identity, testimony or credibility of prospective witnesses.
-AND-
Defendant's performance on tests.
-AND-
Possibility of a plea agreement. |
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Term
| The ruling in Dow Jones & Co. v. Kaye (2000) demonstrates that: |
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Definition
(gag orders p. 418)
-NONE OF THE ABOVE- |
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Term
| Generally speaking, judges have greater flexibility to place restrictive orders on: |
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Definition
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Term
| As a result of the Supreme Court's review of Gentile v. Nevada State Bar (1991), safe-haven rules: |
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Definition
| Are constitutional, just as long as they specify what is permitted and forbidden. |
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Term
| The recent decisions of Cape Publications, Inc. v. Braden (2001) and United States v. Brown (2001) show that: |
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Definition
(It is not permissible for the courts to prohibit a juror for talking with the press following a trial. p.427)
-NONE OF THE ABOVE- |
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