Free Press-Fair Trial

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  1. What year did Sheppard v. Maxwell take place?
  2. What was Sheppard challenging in Sheppard v. Maxwell?
    That he did not receive a fair trial. He was convicted of murdering his pregnant wife, but the widespread media attention robbed him of a fair trial.
  3. What did the Supreme Court rule in Sheppard v. Maxwell?
    That Sheppard had not received a fair trial.
  4. What happened in the retrial of Sheppard?
    He was acquitted.
  5. What does the sixth amendment guarantee?
    • 1. Speedy trial
    • 2. Public trial
    • 3. Local trial
    • 4. Impartial jury
    • 5. Witnesses
  6. The process by which jurors are questioned about their backgrounds.
    Voir dire
  7. To isolate a jury.
  8. A jury from another county.
    Import jury
  9. Postponement of a trial
  10. A newspaper can be found this if they publish something that could harm a fair trial.
    Contempt of court
  11. What year did Nebraska Press Association v. Stuart take place?
  12. Why did the Nebraska Press Association sue in NPA v. Stuart?
    The judge had placed a gag order on the press. They could sit in, but couldn't publish anything until after the jury was selected, because the convict had already confessed but had a low IQ
  13. What did the court rule in Nebraska Press Association v. Stuart?
    That judges cannot arbitrarily tell reporters that they cannot report something about a trial.
  14. What year did Richmond v. Virginia take place?
  15. Why did the newspapers sue Virginia in Richmond v. Virginia?
    A trial for a police officer had gone through a series of mistrials, and the judge shut down the court and had a verdict behind closed doors.
  16. What was ruled in Richmond v. Virginia?
    • 1. Courtroom proceedings are presumed open
    • 2. Must consider alternatives before closing a courtroom
    • 3. Closure order must be supported by facts
    • 4. Closure must be narrowly tailored
  17. What are Sunshine aws?
    Open records/open meetings
  18. What do Sunshine laws effectively do?
    Keep the public well informed about government policies/decisions
  19. When was FOIA passed?
  20. What are the nine exemptions to FOIA?
    • 1. National Security
    • 2. Internal Personnel & Practices
    • 3. Statutes
    • 4. Trade secrets
    • 5. Executive privilege
    • 6. Personnel, medical and similar files
    • 7. Law enforcement investigations
    • 8. Records of financial institutions
    • 9. Drilling information
  21. What are internal personnel and practices?
    Day-to-day decision making that doesn't really affect policy, but would be too burdensome for agencies to document and keep records
Card Set:
Free Press-Fair Trial
2013-04-30 05:22:55

Second Set of Law Notes
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