What is the impact of the news media on the integrity of a jury trial?

California, United States of America


The following excerpt is from Powell v. Superior Court, 232 Cal.App.3d 785, 283 Cal.Rptr. 777 (Cal. App. 1991):

"When a spectacular crime has aroused community attention and a suspect has been arrested, the possibility of an unfair trial may originate in widespread publicity describing facts, statements and circumstances which tend to create a belief in his guilt. [p] Indispensable to any morally acceptable system of criminal justice is a verdict based upon evidence and argument received in open court, not from outside sources. [Fn. omitted.] When community attention is focused upon the suspect of a spectacular crime, the news media's dissemination of incriminatory circumstances sharply threatens the integrity of the coming trial.... [p] The goal of a fair trial in the locality of the crime is practically unattainable when the jury panel has been bathed in streams of circumstantial incrimination flowing from the news media. [Fn. omitted.] ... An honest juror may admit knowledge or tentative prejudgment and find himself excluded. Many will sincerely try to set aside [232 Cal.App.3d 802] their preconceptions and give assurance of impartiality, yet unconsciously bend to the influence of initial impressions gained from the news media. [Fn. omitted.]" (Corona v. Superior Court (1972) 24 Cal.App.3d 872, 877, 101 Cal.Rptr. 411.)

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)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does a deputy district attorney acquiesce in having the motion heard during the trial of a defendant before trial, rather than prior to trial? (California, United States of America)
Can a trial judge that commences a jury trial be prevented from proceeding until the trial is over? (California, United States of America)
What is the test for a motion for a new trial on nonstatutory grounds such as denial of a fair trial after being denied a trial by a jury? (California, United States of America)
Does a temporary exclusion of appellant's family members during trial affect the integrity of the trial? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (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)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Does the fact that appellant was found incompetent after the trial not establish that he was incompetent during the trial, but does not establish he was competent at the time of trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.