Deck 9: The Media and the Courts

Question 1

The Supreme Court has said open criminal trials advance [Presumption of Open Trials] Factual

A)the public's prurient interest in gore and its desire for vengeance.
B)only the public's right to oversee the fairness of judicial processes.
C)both the public and the defendant and enhance judicial processes.
D)only the defendant's right to a fair proceeding.

Answer 1

C

Question 2

In Sheppard v.Maxwell,the U.S.Supreme Court said one constitutionally acceptable way to assure fair trials is to

A)presumptively close all courts.
B)exclude the media from courts.
C)impose restraining orders on the media to prohibit coverage of the trial until a verdict is reached.
D)strictly control media behavior in the courtroom.
E)all of the above.

Answer 2

D

Question 3

In Sheppard v.Maxwell,the U.S.Supreme Court said that the responsibility to guarantee a fair trial rests primarily with

A)the jury.
B)the media.
C)the judge.
D)the defense.

Answer 3

C

Question 4

A continuance means [Media Effects] Factual

A)a relocation of a trial.
B)a delay of a trial.
C)an in-depth,extended questioning of potential jurors.
D)a lengthy isolation of jurors during a trial.

Question 5

If a journalist refuses to name confidential sources,a court may cite the reporter with

A)contempt of court.
B)judicial disobedience.
C)violation of due process.
D)criminal disobedience.

Question 6

The Sixth Amendment to the Constitution guarantees criminal defendants [Fair Trials and Free Speech] Factual

A)a fair trial untainted by publicity.
B)a jury trial by peers who have no information about the crime prior to the trial.
C)a speedy,public,impartial trial by one's peers in the locale of the crime.
D)an immediate trial in front of a jury.

Question 7

Media coverage of crime and the courts [Introduction] Factual

A)provides in-depth context for understanding crime.
B)misrepresents the frequency and nature of crime.
C)is educational and avoids sensationalism.
D)is informed by rich understanding of the law and legal processes.

Question 8

The Supreme Court developed the experience and logic test to [Presumption of Open Trials] Factual

A)decide whether a juror was unprejudiced.
B)determine whether the public had a right of access to judicial proceedings.
C)evaluate the limit the First Amendment places on fees for court records.
D)none of the above.

Question 9

Changing venue is the method to protect a fair trial [Selecting the Jury] Factual

A)preferred by jurors.
B)that is most cost-effective.
C)that is automatically granted if requested by the defendant.
D)that is expensive and may fail to eliminate prejudicial media coverage.

Question 10

In Estes v.Texas,in its early decision on media coverage of trials,the Supreme Court said media coverage [Media Effects] Factual

A)traumatizes and harasses defendants.
B)
B)is automatically prejudicial and detrimental to the defendant.
C)both A and
D)none of the above.

Question 11

Access to court records is controlled by

A)the trial lawyers.
B)sunshine laws.
C)court reporters.
D)court rules and open records laws.

Question 12

Jurors are not impartial if they

A)have any knowledge of the trial before it starts.
B)have their minds made up before the trial starts.
C)see any press coverage of the trial.
D)speak to anyone outside of the courtroom about the trial.
E)none of the above.

Question 13

Richmond v.Virginia established that the right to a public trial.

A)does not exist in the First Amendment.
B)does not exist in the common law.
C)exists in the First Amendment.
D)belongs to the public and the defendant.

Question 14

The U.S.Supreme Court has said presumptively open trial proceedings may be closed if judges

A)order a limited closure that is a necessary last resort to protect a compelling interest.
B)close the entire trial.
C)show that openness may make a fair trial more difficult.
D)show that closure may speed up the trial.

Question 15

When a court orders a new venire,it

A)relocates the trial to an adjoining county.
B)requires attorneys to examine potential jurors for impartiality.
C)calls a new pool of potential jurors from another county.
D)orders the attorneys to plea bargain.

Question 16

Cameras generally are excluded from

A)most state courts.
B)most federal courts.
C)criminal courts.
D)all courts.

Question 17

To weed out prejudiced jurors,courts use [Impartial jurors] Factual

A)voir dire and peremptory challenges.
B)voir dire and for-cause challenges.
C)change of venue.
D)the power of the summons.

Question 18

In Sheppard v.Maxwell,the Supreme Court held that [Media Effects] Factual

A)judges must protect the fair trial rights of a defendant by controlling the trial process,including media coverage.
B)the First Amendment prohibits limitations on press coverage of trials.
C)the right of a public trial belongs to the public and allows for unlimited media coverage of criminal trials.
D)press coverage of trials serves no important role to democracy or to justice.

Question 19

The Supreme Court has held that the presumption of open,public criminal trials [Presumption of Open Trials] Factual

A)prevents states from mandating the closure of certain portions of trials.
B)
B)serves both the First and the Sixth Amendments to the Constitution.
C)both A and
D)none of the above.

Question 20

The Sixth Amendment protects criminal defendants' rights to

A)a speedy trial.
B)a trial by impartial jurors.
C)a trial by his or her peers.
D)a public trial.
E)all of the above

Question 21

In Gannett v.DePasquale,the U.S.Supreme Court said that although many pretrial activities are an integral part of the trial process,they are not presumptively open to the public.

Question 22

When a judge gives instructions and warnings to jurors about how to deliberate and reach a verdict,this is called voir dire.

Question 23

In Estes v.Texas,several members of the U.S.Supreme Court said broadcast coverage of trials was inherently prejudicial to criminal defendants.

Question 24

All the evidence gathered by numerous studies shows that pretrial publicity prejudices juries.

Question 25

Criminal contempt citations punish actions that directly and intentionally interfere with the proceedings of the court.

Question 26

Despite the broad public right of access to criminal proceedings,most courts generally presume the right to close all or parts of [Closure to Protect Juveniles/Sexual Assault Victims] Factual

A)sexual assault proceedings.
B)
B)grand jury proceedings.
C)both A and
D)juvenile proceedings.

Question 27

Presumptively open proceedings will be closed if both the defense and the prosecution agree to the closure.

Question 28

Some courts maintain the anonymity of jurors to protect their privacy and safety.

Question 29

Restraining orders are [Gags to Limit Extrajudicial Discussion] Factual

A)often called gag orders.
B)used when judges order potentially violent defendants to be shackled in the courtroom.
C)presumptively unconstitutional prior restraints on speech.
D)presumptively constitutional and at the absolute discretion of the presiding judge.

Question 30

Judges are responsible for maintaining court decorum and for assuring that the courtroom environment promotes fair review of the evidence.

Question 31

The most recent U.S.Supreme Court's decisions have held that cameras and other electronic media [Broadcasting and Recording] Factual

A)are unnecessary to provide the public with information about judicial proceedings because print coverage is sufficient.
B)are inherently prejudicial and therefore have no presumptive right of access to the judicial process.
C)
C)may alter the trial process and therefore may be permitted at the discretion of the presiding judge.
D)both A and

Question 32

In Richmond Newspapers v.Virginia,the Supreme Court established that both the defendant and the public share the Sixth Amendment right to an open public trial.

Question 33

A continuance may reduce potentially prejudicial publicity,but it undermines the defendant's right to a speedy trial.

Question 34

Courts generally use civil contempt orders to compel an individual to do something.

Question 35

In Nebraska Press Association v.Stuart,the Supreme Court established that judges may order media not to disseminate information disclosed in open court [Gags to Limit Extrajudicial Discussion] Factual

A)at their discretion.
B)without hearing objections from the parties to the proceeding.
C)without any examination of alternatives.
D)after a careful showing that the media coverage poses a substantial risk to the proceeding and that the order would eliminate the risk and is narrowly tailored to that purpose.

Question 36

At the beginning of all trials,the jury is secluded to protect it from potential sources of prejudice.

Question 37

Attorneys use peremptory challenges to eliminate potential jurors whose responses to questioning suggest they have their minds made up about the case.

Question 38

The experience and logic test is used to determine whether a juror is impartial.

Question 39

Before closing a presumptively open court proceeding,a judge should establish that [Justifying Court Closure] Factual

A)openness poses a threat to a fair process.
B)no alternate to closure would assure fairness with less harm to public access.
C)closure will be effective and narrowly tailored to maximize openness while protecting a fair judicial process.
D)all of the above.

Question 40

Juvenile judicial proceedings and records are closed to the public in all states.

Question 41

Judges use gag orders on trial participants very rarely and more often instruct the media on what information not to publish or distribute.
[Gag Orders to Limit Extrajudicial Discussion] Factual

Question 42

In Sheppard v.Maxwell,the U.S.Supreme Court suggested several ways to protect the right to a fair trial while affording the greatest freedom of the press.Name three of these strategies and identify a problem with each.

Question 43

The Supreme Court occasionally allows cameras in both its courtroom and its deliberations.
Factual Remedies to Prejudice

Question 44

Criminal defendants have an unlimited right to waive a public trial and exclude the public from their court proceedings.
[Presumption of Open Trials] Factual

Question 45

As citizens and members of the press,broadcast reporters enjoy a presumption of being able to bring cameras and other recorders to trials.

Question 46

Reporters without cameras or other recording equipments enjoy more access to trials than broadcast journalists.
Conceptual Electronic Access to Trials

Question 47

To use a for-cause challenge,an attorney must demonstrate prejudice in the potential juror beyond a shadow of doubt.
[Selecting the Jury] Factual

Question 48

Jury sequestration is the most frequent method used by courts to protect the fairness of a trial.
[Juror Sequestration] Factual

Question 49

To meet the legal requirement of impartiality,a potential juror must be completely ignorant of all facts that could be introduced at trial.

Question 50

Grand jury sessions are presumptively open to the public.

Question 51

Judges generally may close all or portions of trials to the public because open trials undermine fairness by prejudicing participants and jurors.
Factual Access to Trials

Question 52

The Sixth Amendment guarantees criminal defendants the right to a speedy and public trial before an impartial jury in the district where the crime was committed.It says nothing about either the press or the public.Discuss how the Supreme Court has interpreted the Sixth Amendment's application to the press and public.

Question 53

In the 2015 trial in Boston of the Boston Marathon bombing suspect,some 70% of potential jurors reported a personal connection to the trial,yet the trial judge repeatedly denied defense requests to change the venue of the trial.On appeal,the federal circuit court upheld the lower court's decision that intense media attention "does not equate to disqualifying prejudice." Trial judges have discretion over whether to grant changes of venue and rely on the Supreme Court's decisions in Estes v.Texas and Shepard v.Maxwell to decide questions about prejudicial media publicity.Discuss the guidance of these two Supreme Court rulings and reach your own decision about the judge's proper course of action.

Question 54

Describe three different harms to a fair trial attributed to media publicity.

Question 55

Explain the legal foundations for a public right of access to criminal proceedings.

Question 56

Courts rely on the experience and logic test primarily to determine when a potential juror is free of prejudice.
Vocabulary Presumption of Open Trials

Question 57

According to the Supreme Court's decision in Richmond Newspapers v.Virginia,the public (not just the defendant)enjoys some right to open public trials.
Conceptual Access to Trials

Question 58

In Press-Enterprise II v.Superior Court,the Supreme Court held that access to transcripts of court proceedings after the fact does not adequately meet the need for open public courts.
[Presumption of Open Trials] Factual