Media Law Final Exam

B/c media coverage of trial/evidence could make jurors biased

"the right to a speedy and public trial before an impartial jury"
first amendment gives mass media right to report crime news

The media's coverage of the the trial had the public convinced that OJ was guilty, even though a jury eventually acquitted him.
Such a media frenzy and risk of impartial jury that judges have barred television coverage of many sensational trials since then.
Courts have taken steps to assure fair trials for defendants and protect their Sixth Amendment rights.
This limits First Amendment rights

Leslie Irvin, convicted of murdering six peopleProsecuter issued press releases calling him a "mad dog" and saying he had confessed
defense requested a change of venue, but even one county over there had been extensive coverage of the story and "confession"
370 of 430 prospective jurors said they had formed some opinion about Irvin's guilt already, and 8 of the 12 final jurors said they believed he was guilty but would be impartial
Five years after he was convicted and sentenced to death, SC reviewed his case and found he had not received a fair trial. Was later retried, convicted one murder and sentenced to life in prison.

Wilbert Rideau arrested and charged with robbing a bank, kidnapping 3 employees and killing one
During interrogation he confessed to crimes, and a film of confession was shown on local television 3 times
SC held that it was a denial of Rideau's right to a fair trial not to grant him a change of venue after the people had been exposed repeatedly and in depth to his confession.
He was retried 3 times, twice convicted of murder but eventually only of manslaughter.

Dr. Sheppard's pregnant wife was murdered a their home. He said he was sleeping downstairs when he heard her screaming upstairs. When he went to investigate he was attacked by a man and knocked unconscious.
Press demanded his trial and conviction, reporting all sorts of "evidence" not admitted at trial
He was convicted and spent 10 years in prison. 12 years later, SC reviewed case and acquitted him

1. Adopt rules to curtail in-court misconduct by reporters2. Issue protective orders (sometimes called gag orders) to control out-of-court statements by trial participants such as lawyers3. Grant a continuance to postpone the trial until community prejudice has had time to subside4. Grant a change of venue to a place with less prejudicial publicity5. Admonish the jury to disregard the media publicity about the case6. Sequester the jury (confine them tin a place where they won't be exposed to any media accounts of the trial)

Process by which prospective jurors are questioned about their backgrounds and biases before being chosen to sit on a jury

Requests to discharge prospective jurors without having to prove they would not be impartial

Yes, they can if:
1. There will be intense and pervasive publicity concerning the case2. No other alternative measures--such as change of venue or continuance or extensive voir dire process--is likely to mitigate the effects of the pretrial publicity3. the restrictive order will in fact effectively prevent prejudicial material from reaching potential jurors

Nevada state bar disciplined Gentile for making allegedly improper public comments after client was indicted and saying too much
he appealed and SC said Nevada's rules were too vague and therefore violated First Amendment
since then, ABA forbids lawyers from saying anything that would have a substantial likelihood of prejudicing a pending case

To protect defendant's right to a fair trialTo protect an individual's privacyTo assure secrecy of information affecting national securityTo keep details of police investigation confidential

Hearing where case against accused is reviewed by a judge to determine if there is enough evidence to justify a full trial
only prosecution presents evidence, so news coverage of a preliminary hearing is imbalanced
but preliminary hearings are often last chance for public to monitor the justice system and it might frustrate the public to have secret hearings

No, SC says there's a constitutional right to an open selection process

So many reporters and photographers in courtroom, it impeded orderly proceedings
after trial, American Bar Association added rule that banned broadcasting and taking photographs in courtroom