Gov & Media Reading Notes

Front 1

what's up with the 6th amendment?

Back 1

It guarantees criminal defendants the right to a speedy and public trial before an impartial jury

Front 2

what is an impartial juror?

Back 2

one who gives facts full and unbiased consideration offered by evidence presented in court

Front 3

Estes v texas

Back 3

-court ruled television coverage may be prejudicial

-imposed burdens on judges to assure that media did not undermine fairness and decorum in their courts

Front 4

sheppard v maxwell

Back 4

-judge allowed extensive publicity for high-profile murder trial

-dude was sent to court, then released 10 years later when supreme court overturned

Front 5

9 ways to preserve fairness of criminal trials:

Back 5

1) Continuance: postponement of a trial to a later time

2) Change of the trial venue to area outside of media attention

3) Sequestration: isolation of the jury from the public

4) Extensive questioning to identify the jurors prejudice

5) Gag orders on participants to limit discussion of case outside court

6) Protection of potential witnesses from outside influences

7) Admonitions: Judges’ instructions to jurors warning them to avoid potentially prejudicial communication

8) Retrial if the jury or judicial process has been contaminated by media coverate

9) Limitations on press attendance

Front 6

Gag order

Back 6

a nonlegal term used to describe court orders that prohibit publication or discussion of specific materials

Front 7

what's the deal with anonymous juries?

Back 7

Some think make jurors feel defendant is guilty, others say nay. texas makes it necessary

Front 8

summon

Back 8

notice asking individual to appear at court

Front 9

impanel

Back 9

to select and seat a jury

Front 10

what is the experience and logic test?

Back 10

a doctrine that evaluates both the history and the role openness plays in assuring the credibility of a process to determine whether it is presumptively open

Front 11

4 things in order to close a court:

Back 11

1) openness poses a substantial threat to a fair proceeding

2)no alternative exists that would effectively eliminate the threat to fairness

3)closure will effectively eliminate the threat to fairness

4) closure will be narrowly tailored to eliminate the threat while protecting the greatest public access to the judicial process

Front 12

laws that automatically close parts of trials?

Back 12

are not constitutional

Front 13

-direct gags

Back 13

on media are rarely constitutional

Front 14

-restraining orders limiting public discussion

Back 14

constitutional if likely to harm fair trial rights of defendants

Front 15

- cameras:

Back 15

not inherently bad, but judges have discretion to permit, deny, or delieate the ability of them or other electronic technologies

Front 16

- electronic access is based on what?

Back 16

rules established at federal or state level

Front 17

cameras & federal trials:

Back 17

federal trials generally are closed to cameras

Front 18

Supreme court on public access to court records?

Back 18

US supreme court recognizes common-law right of public access to court records, but changes per jurisdiction

Front 19

can media publish records?

Back 19

media cannot be punished for accurately publishing information legally obtained from court records even when state law prohibits dissemination of the information