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15 Cards in this Set
- Front
- Back
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Press/Bench/Bar determined information that should NOT be published because it may be predujical... 6 of them
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confessions, polygraph results,
past criminal record,defendant's character, witness credibility, inflamatory stories |
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Definition of Impartial Juror
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One who is free from the dominant influences of knowledge acquired outside the courtroom, free from strong and deep impressions that close the mind. Chief Justice John Marshall, 1807
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Actions a trial judge can take to ensure fair trial & compensate for pretrial publicity which DO NOT impact on media.. 6 of them
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voir dire[challenges for cause, peremptory challenges]; change of venue,change of venireman, continuance,
admonishment of jury, sequester jury) |
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Actions a trial judge can take to ensure fair trial& compensate for pretrial publicity which DO impact on media.
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Restrictive/gag orders Closed Court
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Sheppard v Maxwell, 1966 and it's impact
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started the flood of restrictive orders
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Nebraska Press Association v Stuart, 1976
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stopped the flood of restrictive orders (except in certain circumstances)
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Richmond Newspapers v Virginia, 1980
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stopped closed courtrooms (except in certain circumstances)
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Press Enterprise Test
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used to determine if closing of courtroom might be constitutional
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Impact of trial of Bruno Richard Hauptmann
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Canon 35 was adopted, prohibiting cameras in all courtrooms in country except for Texas & Colorado
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Estes v Texas, 1965
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closed courtrooms to cameras in Texas and virtually everywhere
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Chandler v Florida, 1981
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first televised trial since Estes - showed cameras could be in courtroom and defendant receive a fair trial. Reopened courtrooms to cameras across country.
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Restrictive order
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order from the court, violation will restult in contempt. ("a gag order" restricted what the media may publish or what people may speak to the media about)
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change of venireman
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change in jury pool
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conitnuance
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delay of trial
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admonshing the jury
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jury is not allowed to read/watch/talk about the case
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