Chapter 11

Question 1

Constitutional Tension

Answer 1

Balancing the First Amendment and the Sixth Amendment. Prejudicial publicity can undermine the fairness of criminal trials

Question 2

Prejudicial Publicity

Answer 2

News that might bias jurors agaisnt a defendant

Question 3

Voir Dire

Answer 3

Questioning Jurors to uncover bias

Question 4

Change of Venue

Answer 4

Moving trial location to find impartial jurors

Question 5

Change of Veniremen

Answer 5

Importing jurors from another area

Question 6

Continuance

Answer 6

Delaying trial to let media influence subside

Question 7

Admonition

Answer 7

Instructing jurors to ignore outside info

Question 8

Sequestration

Answer 8

Isolating jurors from media during trial

Question 9

Restrictive Orders (Gag orders)

Answer 9

Court order limiting speech by trial participants or media

Question 10

• Nebraska Press Association v. Stuart (1976)

Answer 10

Gag orders on the press are unconstitutional unless
- Publicity is intense and pervasive
- No alternative remedies exist
- The order will effectively prevent prejudice

Question 11

• Smith v. Daily Mail (1979)

Answer 11

Lawfully obtained truthful info can be published

Question 12

Gag orders on ________ are more likely to be upheld

Answer 12

Trial participants

Question 13

• Skilling Test

Answer 13

Used to determine if pretrial publicity biases the jury pool.
1. Media tone and reach
2. Time between crime and trial
3. Community size and impact
4. Publicity surrounding confessions or smoking gun evidence

Question 14

United States v. Burr (1807)

Answer 14

Jurors can have prior knowledge but must remain impartial

Question 15

Skilling v. United States (2010)

Answer 15

Created the multi-factor test to assess juror bias

Question 16

Prior Restraint

Answer 16

Government action that prohibits speech before it occurs