Discuss four techniques a trial court judge might use to control prejudicial pretrial publicity. Give an example of each
What will be an ideal response?
Five techniques a trial court judge might use to control prejudicial pretrial publicity
are: (1) change of venue, (2) sequestration, (3) continuance, (4) imposing a gag rule,
and (5) controlling the press. Changes of venue are fairly common and move the
trial to another part of the state where the undue pretrial publicity is less.
Sequestration is used to protect jurors from undue publicity during the trial.
Continuances are used to allow time for the media interest in the case to dwindle.
Imposing a gag rule prohibits the parties from releasing information to the press
about the trial. Controlling the press is difficult because of the First Amendment
guarantee of freedom of the press. The media may be excluded if specific findings
indicate that closure is necessary for a fair trial. Used more often with pretrial
hearings.
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