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Definition
Privdes that anyone accused of a crime shall have the right to an impartial jury. Jury is supposed to decide based on only the evidence given in the courtroom. |
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| Major problem for a fair trial |
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Prejudicial publicity. what the jurors might see in the media before the trial. |
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| types of media reports considered prejudicial by the legal system |
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Definition
- confessions
- prior criminal records
- results of lie detector tests, blood tests, ballistics tests, and other investigatory procedures
- character flaws or life styles
- potential witnesses, testimony and evidence
- speculation by officials
- other sensational or inflammatory statements
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| When might a confession by inadmissable |
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Definition
| if its made under duress or if the defendent was not advised of his/her rights |
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| what are character flaws or life styles inadmissable as? |
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| heresey evidence b/c its seen as speculation |
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Definition
- to decide the case based on the info provided in the courtroom only
- be impartial and not have impression before the trial begins
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- causes of an unfair trial case
- guy charged w/ murder in Evansville, In.
- media coverage. highly publicized
- his lawyers wanted a change of venue to move to less prejudicial lication
- court said no
- interviewed 430 jurors, 90% thought guilty.
- convicted and appealed to supreme court
- supreme court said there was a wave of passion and pattern of prejudice that denied irvin a fair trial
- second trial - changed from death to life in prison
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Term
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Definition
- nonprejudicial publicity
- professional criminal was on trial for robbery after he served time for murder. juicy details covered in the media
- lawyer tried to argue that media coverage for past criminal activity made fair trial impossible
- Supreme Ct. said there was no inaccurate info. Potential jurors need not be ignorant of the facts but they should not have already made a conclusion about the guilt or ignorance.
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Term
| Remedies for prejudicial publicity |
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Definition
- Continuance
- Change of venue
- change of venire
- voir dire process
- judicial control of the courtroom
- judicial admonition
- sequestration
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Definition
| Postponement of the trial until the publicity subsides. has to be agreed to by defendent. |
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| trial is shifted to a new location where potential jurors have not been exposed to as much pretrial publicity |
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| the jurors are brought in from another location |
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| questioning potential jurors prior to selecting the jury for trial |
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| judicial control of the courtroom |
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Definition
| judges are charged with maintaning a dignified atmosphere in ct. room, including control over the behavior of journalists |
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Definition
| When the judge instructs the jurors to render their verdict on the basis of evidence presented in the courtroom |
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jurors are isolated under guard during the trial to prevent them from hearing others evaluate the evidence regarding the trial. only high profile mostly |
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| the court would order anyone involved with the case not to talk to outsiders about the case |
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Term
| Sheppard v. Maxwell (1966) |
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Definition
- well-known dr. found wife dead upstairs in bedroom and called the neighbors then the police.
- he was arrested weeks later and there was a lot of publicity against him. police said they thought he did it. accused him of not being cooperative.
- trials -reporters were sitting really close. in and out of room. photography.
- he was found guilty and his mom commited suicided. 12 years of appeal from prison
- Supreme Ct said in 8-1 decision that the trial was not fair
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Term
| The Supreme Court said the judge in the Sheppard v. Maxwell case had failed to protect the defendent in 3 ways. |
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Definition
- didn't control atmosphere in the courtroom
- didn't control info released to the press during the trial
- the judge failed to protect the jurors from prejudicial pre-trial publicity
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Term
| Is there prejudice in the jurors after heavy media coverage? |
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Definition
| 94% of jurors can't remember stories published or broadcast about highly publicized cases |
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Term
| Justice Department rules about court cases |
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Definition
| Doesn't allow personel to make statements about ivestigative procedures, evidence, perspective witnesses, confessions, a defendent's character or argiments used in the case or a prior criminal record |
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Term
| Nebraska Press Assn. v. Stuart (1976) |
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Definition
Gag orders aimed at the press - little known Nebraska town w/ big murder
- judge decides to prohibit publication of news obtained during public pretrial proceedings
- press assoc. challenged.
- court said it was unconstitutional trial restraint and that there 1 - wasn't enough evidence that unchecked publicity would have impared ability, 2- the judge gave no alternatives, 3- it was not clear that prior restraint would have stopped the publicity
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Term
| Judges should look at 3 considerations in deciding about gag orders |
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Definition
1. nature and extent of news coverage 2.could something else be done? are there alternatives? 3. will the order effectively keep prejudicial publicity from getting to the jury |
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| gag orders on trial participants |
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Definition
| judges restrict the participants from speaking about the case to anyone that includes the media. not prior restraint. |
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Term
| Dominic Gentile v. State Bar of Nevada (1991) |
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Definition
Lawyers may be restricted by the rules that govern the bar association - defendent held press coference for client - violation of the state bar rule governing pretrial publicity. claimed he had 1st amendment rights.
- supreme ct. sided w/ bar saying states may prohibit out of court statements made by the attorneys if they feel they might prejudice the pretrial proceedings.
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