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

What will be an ideal response?

Answer 1

Answers should include the following points: (1) Change of venire (jury pool) implicates right to trial by peers; (2) change of venue (location) implicates public’s right of access to the trial; (3) continuance (delay) implicates right to a speedy trial; (4) extensive voir dire (questioning of jury) is time-consuming, costly, and may not discover bias; (5) jury instructions/admonishments are often ignored by jurors; (6) jury sequestration is costly and may create a hostile jury; and (7) gagging trial participants implicates their free speech. In the 2015 trial in Boston of the Boston Marathon bombing suspect, some 70 percent 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.”