How have the courts considered the impact of publicity on jury selection in a murder trial?

California, United States of America


The following excerpt is from People v. Bean, 251 Cal.Rptr. 467, 46 Cal.3d 919, 760 P.2d 996 (Cal. 1988):

Defendant's evidence demonstrated that only half of the adult English speaking population had any recall of the crimes at the time of jury selection. The actual voir dire of the jury panel confirms the wisdom of the trial court's ruling. Defendant points to no aspect of the jury voir dire as reflecting a prejudicial impact flowing from the earlier publicity. Our review of that voir dire suggests that of the jurors on the panel who had any recollection, none remembered anything more than that he or she had read something about the case earlier. None had a present recall of any of the facts other than that the homicides had occurred and the location. Nothing in the record supports a conclusion that any juror who did serve, and who had heard or read something about the case, would not be able to set aside [46 Cal.3d 943] his impressions and base a verdict solely on the evidence presented in court. (See Irvin v. Dowd (1961) 366 U.S. 717, 722-723, 81 S.Ct. 1639, 1642, 6 L.Ed.2d 751.) Each assured the court that he could do so, and the record supports the implicit conclusion of the trial judge that each could be fair. None was challenged for cause by the defense.

Other Questions


When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a jury have to consider felony murder or premeditated murder before it considers the lesser included offense of second degree murder? (California, United States of America)
In a capital murder case, in what circumstances will the California Supreme Court order that a juror should not submit a questionnaire for the purpose of selecting a jury in capital murder cases? (California, United States of America)
Is a defendant's claim that the trial court erred by instructing the jury on first degree murder because the information alleged only that the murder of Agent Cross was committed with malice aforethought? (California, United States of America)
What is the impact of publicity on the selection of a jury in a penalty trial? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
What is the test for a trial court to instruct on second degree murder as a lesser included offense of felony murder? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
Can a defendant seek to overturn a conviction for second-degree murder by appealing against the finding that the trial court failed to instruct on the charge of second degree murder? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.