What are three options available to a trial judge to manage prejudicial pretrial publicity?

Question

What will be an ideal response?

Answer 1

A judge has at least three options to manage prejudicial pretrial publicity. First, a judge may issue a gag order that prohibits those involved in the case from providing information to the media. The common misconception is that everyone is gagged. In reality, the gag order is limited in its application to the lawyers (and anyone working for them), the defendant, and law enforcement. The court does not have the power to control the media, pursuant to the First Amendment. Therefore, if journalists can find sources willing to talk, they may publish their comments. In recent years, courts have demanded the disclosure of media sources. When reporters refuse to disclose their source(s), they may be jailed for contempt of court. Second, judges may move the trial to another location, which is called a change of venue. If a case has received statewide attention such a change is of little use. Third, judges may sequester the jury. Jurors are restricted from reading certain portions of the newspaper and from watching certain television programs. Sequestered jurors must also reside in a local hotel and will be escorted by sheriff's deputies who plan weekend activities for them away from family and friends.