JRN 430 Chs 8-10 answers
Which amendments guarantee the right to a fair and open public trial?✔✔5th, 6th,
and 7th
experience and logic test✔✔a doctrine that evaluates both the history and the role
openness plays in ensuring the credibility of a process to determine whether it is
presumptively open
Criteria for closure of court proceedings under Globe v. Norfolk County✔✔1. Closure
is necessary to protect a compelling government interest
2. Closure is narrowly tailored to serve that interest
Court proceedings are assumed to be open if:✔✔1. the proceeding traditionally has
been open
2. openness advances the goals and functioning of the proceeding itself
Examples of "overriding interests" that could warrant limits on public access✔✔1.
Safeguarding the physical and psychological well-being of a minor
2. Protecting the right to a fair trial
Voire Dire✔✔jury selection process
Justification for closed voir dire juror anonymity✔✔access to information about jurors
could erode the candor of potential jury participants and/or harm the judicial process
What are judges allowed to restrict from courtrooms in terms of
media?✔✔Attendance of media members and exclusion of recording devices or
cameras
True or False: SCOTUS allows still or video cameras to be present during oral
arguments.✔✔False
Camera rules for US Circuit Courts✔✔Judges' discretion for civil trials, but barred
from criminal proceedings
Camera rules for US District Courts✔✔Cameras allowed in some proceedings in 2nd
and 9th trial courts
True or False: States are allowed to set their own limits on camera access to court
proceedings.✔✔True
The MI Supreme Court was the first to make this rule regarding new media in court
proceedings which has been adopted by many states since:✔✔Jurors are banned
from all electronic communications during trials
What stringent test must the sealing of court records pass?✔✔Press-Enterprise
experience and logic test
, What are some examples of potential justification of sealing court records?✔✔Risk
of harm to the defendant's family, risk of harm to future judicial proceedings, or "state
interest of the highest order" (national security),
If a court case isn't accessible through an online database, how can journalists find
information on it?✔✔Filing a FOIA request to the state or municipality in which the
case took place (may be rejected if the case has been sealed)
continuance✔✔an adjournment of a scheduled case until a later date
Sequestration✔✔the isolation of jurors to avoid prejudice from publicity in a
sensational trial
gag orders✔✔Nonlegal term that describes court restraining orders prohibiting
publication or discussion of specific materials
admonitions✔✔judges' instructions to jurors warning them to avoid potentially
prejudicial communications
Tools for judges under Sheppard v. Maxwell include:✔✔-Continuance
-Change of venue
-Sequestration
-Extensive voir dire
-Gag orders
-Protection of potential witnesses
-Admonitions
-Retrial of contaminated cases
-Limitations on press attendance
Sheppard v. Maxwell (1966)✔✔Overturned a murder conviction based on unfair
pretrial publicity and ordered a new trial
Summons✔✔a notice directing someone to appear in court, received by potential
jurors
for-cause challenge✔✔in the context of jury selection, the ability of attorneys to
remove a potential juror for a reason the law finds sufficient, as opposed to a
peremptory challenge
impanel✔✔to select and seat a jury
restraining order✔✔court's temporary order forbidding an action until a hearing can
be conducted
Gag orders on trial participants are generally upheld if:✔✔1. the order is narrowly
drawn
Which amendments guarantee the right to a fair and open public trial?✔✔5th, 6th,
and 7th
experience and logic test✔✔a doctrine that evaluates both the history and the role
openness plays in ensuring the credibility of a process to determine whether it is
presumptively open
Criteria for closure of court proceedings under Globe v. Norfolk County✔✔1. Closure
is necessary to protect a compelling government interest
2. Closure is narrowly tailored to serve that interest
Court proceedings are assumed to be open if:✔✔1. the proceeding traditionally has
been open
2. openness advances the goals and functioning of the proceeding itself
Examples of "overriding interests" that could warrant limits on public access✔✔1.
Safeguarding the physical and psychological well-being of a minor
2. Protecting the right to a fair trial
Voire Dire✔✔jury selection process
Justification for closed voir dire juror anonymity✔✔access to information about jurors
could erode the candor of potential jury participants and/or harm the judicial process
What are judges allowed to restrict from courtrooms in terms of
media?✔✔Attendance of media members and exclusion of recording devices or
cameras
True or False: SCOTUS allows still or video cameras to be present during oral
arguments.✔✔False
Camera rules for US Circuit Courts✔✔Judges' discretion for civil trials, but barred
from criminal proceedings
Camera rules for US District Courts✔✔Cameras allowed in some proceedings in 2nd
and 9th trial courts
True or False: States are allowed to set their own limits on camera access to court
proceedings.✔✔True
The MI Supreme Court was the first to make this rule regarding new media in court
proceedings which has been adopted by many states since:✔✔Jurors are banned
from all electronic communications during trials
What stringent test must the sealing of court records pass?✔✔Press-Enterprise
experience and logic test
, What are some examples of potential justification of sealing court records?✔✔Risk
of harm to the defendant's family, risk of harm to future judicial proceedings, or "state
interest of the highest order" (national security),
If a court case isn't accessible through an online database, how can journalists find
information on it?✔✔Filing a FOIA request to the state or municipality in which the
case took place (may be rejected if the case has been sealed)
continuance✔✔an adjournment of a scheduled case until a later date
Sequestration✔✔the isolation of jurors to avoid prejudice from publicity in a
sensational trial
gag orders✔✔Nonlegal term that describes court restraining orders prohibiting
publication or discussion of specific materials
admonitions✔✔judges' instructions to jurors warning them to avoid potentially
prejudicial communications
Tools for judges under Sheppard v. Maxwell include:✔✔-Continuance
-Change of venue
-Sequestration
-Extensive voir dire
-Gag orders
-Protection of potential witnesses
-Admonitions
-Retrial of contaminated cases
-Limitations on press attendance
Sheppard v. Maxwell (1966)✔✔Overturned a murder conviction based on unfair
pretrial publicity and ordered a new trial
Summons✔✔a notice directing someone to appear in court, received by potential
jurors
for-cause challenge✔✔in the context of jury selection, the ability of attorneys to
remove a potential juror for a reason the law finds sufficient, as opposed to a
peremptory challenge
impanel✔✔to select and seat a jury
restraining order✔✔court's temporary order forbidding an action until a hearing can
be conducted
Gag orders on trial participants are generally upheld if:✔✔1. the order is narrowly
drawn
