Comm Law Final- Fair Trial

Constitutional conflict

First amendment right to free speech and press versus sixth amendment right to speedy trial by an impartial jury

Common types of prejudicial trial stories that are often argued to be biased or bias jurors

1. Confession made by a defendant

2. Polygraph performance

3. Stories about a defendant’s past criminal records

4. Stories about a defendant’s character friends or personality

5. Stories questioning credibility of other actors

6. Stories inflating public sentiment against a defendant

Impact of pretrial publicity on a jury

no research proving this, however there are procedures in place to avoid overly intense pretrial publicity

Voir dire

-prospective jurors are questioned prior to being impaneled to discover underlying bias

CHALLENGE FOR CAUSE: when an attorney convinces the court that there is a good reason for someone to not sit on a jury 

PREEMPTORY CHALLENGE- no cause required to remove someone but this is limited 

Change of venue

judges can have the trial physically moved to another jurisdiction to find jurors that have not been exposed to publicity surrounding the case

In a state court it can be moved to anywhere within that state, in federal court just anywhere close by and noe EVERYONE moves to the new location

Change of veniremen

judge will import a jury from somewhere else, the judge and attorneys will travel to that community to pick the people and they arrange travel for them to their location

Continuance

A delay until publicity begins to stop BUT this means that the defendant gives up their right to a speedy trial 

Admonition

When a judge instructs jurors to not do any outside research to render verdict solely based on evidence presented in the courtroom, no other research

Sequestration

When judges have trial participants and sometimes witnesses isolated in a hotel or somewhere away as to not bias them, this is the most extreme measure and was enacted during OJ Simpson trial due to very intense publicity

Gag order

Judge can limit what an attorney or juror says to the press about a case, this is one of the most serious First Amendment violations but is used to protect sixth amendment right to unbiased trial

Press Enterprise versus Riverside Superior Court

Extension first amendment right to access to criminal trial materials pre trial proceedings 

Newspaper was seeking it in a case involving a nurse that killed people with too much lidocaine 

Press Enterprise Test to determine need for a closed trial

-defendant needs to prove that there is a substantial probability that their right to a fair trial will be prejudiced 

-Are there reasonable alternatives to making the trial closed

IF NOT THE JUDGE must make the closed trial so there is minimal interference to the rights of the press and public to attend

Presumptively open trials

Pretrial detention

Bail 

Voir dire

Sentencings 

Attorney discipline hearing 

Typically closed hearings

Juvenile cases

Witness protection 

Traditional military court

Grand jury proceedings

Access to documents pretrial or during a case

vidence introduced in open court proceedings is presumptively accessible although the privacy rights of the victims and families take priority

Plea agreements and search warrants WHAT ARE OPEN 

Names and addresses of jurors are public records

Out of court settlements discovery materials and national security materials are not 

Cameras during trials

After 1976 state courts have allowed camera coverage for the most part

Federal courts prohibit camera coverage during criminal trials but this is challenged to be unfair

Most courts otherwise allow phones