Chapter 11

prejudicial pretrial publicity

Media coverage that could influence jurors by presenting rumors, opinions, speculation, or 'smoking gun' information.

What is the goal of voir dire?

To question potential jurors to detect bias and ensure impartiality.

change of venue

Moving a trial to a different location to reduce the impact of prejudicial publicity.

continuance

Delaying the trial so publicity can subside.

jury admonition

Judge's instructions telling jurors to avoid outside information and decide only based on courtroom evidence.

sequestration

Isolating jurors from media and outside contact during the trial.

restrictive/gag order

A court order that limits what participants (or sometimes the press) can say publicly about a case.

Who are gag orders most commonly applied to?

Trial participants—lawyers, police, witnesses—because they are closer to evidence and can influence jurors.

prior restraint

A government order preventing expression before it occurs; considered highly unconstitutional.

juror anonymity

Hiding juror names to protect them from influence or harassment.

What is the Skilling Test used for?

To determine if pretrial publicity creates a presumption of juror prejudice.

What are the 7 Skilling factors?

Media interference with proceedings, Tone & magnitude of coverage, Size/characteristics of the community, Time between crime and trial, Jury's verdict, Impact of crime on the community, Presence of 'smoking gun' publicity.

What is the Nebraska Press Test used for?

To decide whether a gag order aimed at the press is constitutional.

What are the 3 Nebraska Press Test requirements?

Intense and pervasive publicity, No alternative measures would work, The restriction would actually prevent prejudicial information from reaching jurors.

What was the outcome of Sheppard v. Maxwell (1966)?

Massive media interference deprived Sheppard of a fair trial; judges must use stronger remedies to protect impartiality.

What did Nebraska Press Association v. Stuart (1976) establish?

Gag order preventing media from reporting a confession was an unconstitutional prior restraint; established 3-part Nebraska Press Test.

What is the significance of Skilling v. United States (2010)?

Established the 7-factor test for presumed prejudice; upheld verdict in Enron case.

What does Gentile v. State Bar of Nevada (1991) allow regarding lawyers' statements?

Lawyers' public statements can be limited if they pose a 'substantial likelihood' of prejudicing a trial.

What does Butterworth v. Smith (1990) state about grand jury witnesses?

State cannot forbid a grand jury witness from discussing their own testimony after the grand jury is over.

What was ruled in Cape Publications v. Braden?

Permanent bans on press contacting jurors are unconstitutional.

What was upheld in the Colorado v. Bryant case?

A gag order protecting the privacy of a sexual assault accuser.