Free Press-Fair Trial
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What year did Sheppard v. Maxwell take place?
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.
What did the Supreme Court rule in Sheppard v. Maxwell?
That Sheppard had not received a fair trial.
What happened in the retrial of Sheppard?
He was acquitted.
What does the sixth amendment guarantee?
- 1. Speedy trial
- 2. Public trial
- 3. Local trial
- 4. Impartial jury
- 5. Witnesses
The process by which jurors are questioned about their backgrounds.
To isolate a jury.
A jury from another county.
Postponement of a trial
A newspaper can be found this if they publish something that could harm a fair trial.
Contempt of court
What year did Nebraska Press Association v. Stuart take place?
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
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.
What year did Richmond v. Virginia take place?
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.
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
What are Sunshine aws?
Open records/open meetings
What do Sunshine laws effectively do?
Keep the public well informed about government policies/decisions
When was FOIA passed?
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
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
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