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Free Press/Fair Trial: Trial Level Remedies and Restrictive Orders

Multiple Choice Quiz



1

The impact of pretrial publicity on jurors:
A)Has been accurately measured using real jurors during actual trials.
B)May not pose much of a problem since people remember little of what they see and hear in the news media.
C)Has been demonstrated to greatly affect the outcome of trials.
D)Has absolutely no effect on the outcome of trials.
2

In U.S. v. Burr (1807), the U.S. Supreme Court defined an impartial juror as someone who:
A)Has never seen any publicity about the crime under consideration.
B)Knows about the crime but simply says knowledge can be placed aside.
C)Can lay aside previous knowledge and reach a considered opinion based on the evidence presented in court.
D)Has never previously considered any of the issues involved.
3

Which of the following is not a trial level remedy aimed at reducing the impact of pretrial publicity without inhibiting the press in any way?
A)Voir dire.
B)Gag orders.
C)Change of veniremen.
D)Sequestration.
E)All of the above are trial level remedies favored by the press.
4

Sequestration of jurors:
A)Is an effective means of screening out the potential effects of pretrial press coverage of a crime.
B)Although expensive, is a commonly used means of guarding against prejudicial publicity during a trial.
C)Is little used today because the forced separation of jurors from family and friends tends to prejudice the jurors against one side or the other.
D)Is no longer an available means of countering prejudicial publicity.
5

Which of the following reasons for a challenge for cause against a juror is not likely to be accepted by a judge?
A)A juror's sex.
B)A juror's deep-seated prejudice against people of the defendant's race.
C)A juror's acquaintance with the defendant.
D)All of the above reasons are likely to be accepted by a judge.
6

Continuances are problematic because:
A)Potential jurors remember what they read.
B)It's hard to preserve evidence over time.
C)Publicity may reappear when the trial begins.
D)It allows defendants to be out on bail until the trial starts.
7

Which of the following is not one of the conditions that must be met, under the Nebraska Press Association Test, for a restrictive order against the press to be considered constitutionally justified?
A)There must be intense and pervasive publicity about the case.
B)Pretrial publicity must clearly lean in the favor of the guilt/innocence of the defendant.
C)No other alternative measure might mitigate the effects of the pretrial publicity.
D)The restrictive order will in fact effectively prevent prejudicial publicity from reaching potential jurors.
8

The 1968 Reardon Report by the American Bar Association:
A)Calls on judges to use the contempt power.
B)Calls on judges to stop the flow of information to the public by attorneys, witnesses and others connected with criminal trials.
C)Calls for punishment for those who disseminate restricted information.
D)All of the above are correct.
9

Since Nebraska Press Association v. Stuart (1976):
A)Courts have easily gagged the press.
B)Courts have increasingly gagged trial participants.
C)Courts have almost completely ceased attempts to gag either the press or trial participants.
D)Both A and B are correct.
10

In Smith v. Daily Mail Publishing Co. (1979), the U.S. Supreme Court said West Virginia:
A)Could not prevent a journalist from obtaining a juvenile offender's name.
B)Could not make it illegal to publish a juvenile offender's name.
C)Could make it illegal to publish a juvenile offender's name.
D)Could set its own rules on how juvenile cases would be handled.
11

Based on Gentile v. Nevada State Bar (1991):
A)Attorneys may never be barred from speaking with the press.
B)Safe-haven rules are not sufficient to protect an attorney's right to speak to the press.
C)Safe-haven rules are constitutional so long as they are precise.
D)Safe-haven rules raise the potential of discriminatory enforcement.
E)Both C and D are correct.
12

It is important to note in the Supreme Court's 1990 Butterworth v. Smith decision that:
A)The reporter's story concerned information he had known before he testified before a grand jury.
B)The reporter's story did not use information gained during participation in a grand jury proceeding.
C)Grand jury interests do not immunize reporters from all First Amendment protections.
D)All of the above are correct.
13

As a result of the 1995 restraint on Business Week that barred the publishing of an article it had prepared based on sealed court documents:
A)It is clear that prior restraints are constitutional.
B)It is clear that the media must consult with judges and attorneys before publishing any investigative reports.
C)It is clear that there are still some judges who will uphold prior restraints despite the clear finding that such restraints are unconstitutional by higher courts.
D)Restrictive orders in the United States are becoming the rule rather than the exception.
E)All of the above.
14

In U.S. v. Cleveland (1997), the judge told jurors that:
A)They could not discuss the case with anyone in the media.
B)They could not discuss the case with anyone until after the trial.
C)They could not be interviewed about jury deliberations until after all the appeals were decided.
D)They could not be interviewed about jury deliberations unless the judge approved the interview beforehand.
15

Judges have more freedom to place restrictive orders on:
A)Reporters.
B)Lawyers.
C)Witnesses.
D)A and B.
E)B and C.




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