How have the courts dealt with the issue of potential prejudicial publicity in jury selection?

The trial judge has "large discretion in ruling on the issue of prejudice resulting from the reading by jurors of news articles concerning the trial." Silverthorne v. United States, 400 F.2d 627, 637 (9th Cir. 1968). Here, the judge directed a few inquiries about publicity to the panel of prospective jurors and uncovered no potential prejudice. In light of the kind of publicity and the length of time that had elapsed before the trial began, he need not have interrogated the prospective jurors more extensively.

When possible prejudicial publicity occurs during trial, the court has "the affirmative duty . . . to take positive action to ascertain the existence of improper influences on the jurors' deliberative qualifications and to take whatever steps are necessary to diminish or eradicate such improprieties." Silverthorne v. United States, 400 F.2d at 643. During this trial the judge repeatedly admonished the jury to avoid news about the case. It does not appear that any media publicity ever developed during trial, and there was thus no need for a restrictive order.

The trial judge did not abuse his discretion in his handling of publicity before and during trial.

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