Deck 11: Free Press-Fair Trial: Trial-Level Remedies and Restrictive Orders

Question 1

Judges have broad authority to bar jurors from speaking with reporters after a trial.

Answer 1

False

Question 2

The Supreme Court of the United States first suggested the idea of using restrictive orders to control the press coverage of a criminal case in the wake of the O.J.Simpson murder trial in Los Angeles.

Answer 2

False

Question 3

Sequestration of jurors has become much more common in criminal trials since the first O.J.Simpson trial.

Answer 3

False

Question 4

When a change of venue is granted in a state court,the judge is free to move the trial

A)to another court in the same community.
B)to another community in the same state.
C)to another community anywhere in the nation.
D)to a later date.

Question 5

The definition of an impartial juror under the law is one who

A)has heard or read nothing about the case.
B)has not appeared on a talk show to discuss the case.
C)has formed no impressions about the case.
D)may have heard things about the case,but has an open mind about the defendant's guilt or innocence.

Question 6

Since the Supreme Court ruling in the Nebraska Press Association case,restrictive orders against the press

A)have almost disappeared.
B)have become more common against TV stations,but not as common against newspapers.
C)have greatly increased for all mass media.
D)are usually rejected by trial courts,but imposed by appellate courts.

Question 7

Social science evidence has shown conclusively

A)That popular television shows like "C.S.I." affect how jurors view evidence in criminal trials.
B)That any amount of publicity will influence potential jurors in a criminal trial.
C)That a change of venue rarely works to protect the fair trial rights of a defendant.
D)None of the above.

Question 8

Which of the following stories would not be regarded by most judges as harmful to a defendant's right to a fair trial?

A)A story reporting that the defendant's DNA was found on the body of the victim.
B)A story reporting that a co-defendant had told police that the defendant stabbed the victim.
C)A story that reported that police arrested the defendant after a shootout in a park.
D)All of the above could be regarded as harmful to the defendant's right to a fair trial.

Question 9

The publication before a trial of reports that the defendant has confessed to the crime is permissible because such confessions are always truthful.

Question 10

When a court orders a change of veniremen,this means

A)jurors who will hear the case will be selected from a community distant from the community in which the defendant will be tried.
B)the trial will be moved to a community distant from the community in which the crime was committed.
C)a new jury panel must be selected because of racial or gender imbalance.
D)the case will be heard without a jury.

Question 11

Most attorneys say that people who make the best jurors are generally well aware of what is going on in the community.

Question 12

Media coverage of criminal trials has substantially decreased in the past 25 years because both the press and public have begun to focus more heavily on news of foreign affairs and domestic policy issues.

Question 13

Under the rule enunciated in Nebraska Press Association v.Stuart,a judge may consider imposing a restrictive order against the press if

A)the defendant has confessed to the crime.
B)the publicity being generated is patently false.
C)no other measure is likely to mitigate the effects of the publicity.
D)there is even a slight chance that the case will generate prejudicial publicity.

Question 14

The Supreme Court has ruled that defense lawyers can,in some circumstances,be barred from making statements about a pending case.

Question 15

The press is never permitted to challenge a restrictive order aimed at trial participants because it lacks standing.

Question 16

Because of the power of the mass media today,most judges doubt that the voir dire process is effective in screening out potentially prejudicial jurors.

Question 17

The concept of the restrictive order was developed for the trial of Lee Harvey Oswald for killing President John Kennedy.

Question 18

A trial judge has an absolute right to bar a juror from

A)Using a handheld communication device like a smart phone or a Blackberry during a trial.
B)Talking with other jurors about the case during the trial.
C)Talking with the media about the case after the trial is completed.
D)A judge has no absolute right to do any of the things listed above.

Question 19

During the voir dire process in a criminal trial,both the state and the defense have a(n)

A)unlimited number of peremptory challenges.
B)limited number of peremptory challenges.
C)limited number of challenges for cause.
D)unlimited number of prejudicial challenges.

Question 20

In NebraskaPress Association v.Stuart,the Supreme Court ruled that restrictive orders aimed at the participants in the trial are unconstitutional.

Question 21

What must a trial judge do before he or she can issue a restrictive order against the press during a criminal proceeding?

Question 22

What are three processes or legal devices a trial judge can use to try to ameliorate or remedy the effects of mass media publicity about a case?