The verdict of a trial is determined by the jury, a group of typically 12 people, drawn from the public.
They are supposed to make their decision based upon the evidence submitted to them by the two sides - the "prosecutor" and the "defense attorney". They also base it on instructions from the Judge on a variety of issues.
If there is a great deal of publicity, though, then the jurors may have read information pertaining to the case in the newspapers, or heard things about the case on TV or the radio. Or even the net.
Not all the information presented by the media is relevant, or even admissable. But the juror might be influenced by it. If everyone in the media is of the belief that the man is guilty, and that anyone who says otherwise is a fool, then even if the evidence in trial shows otherwise, the juror might feel he has to find the man guilty.
The Timothy McVeigh trial was moved from Oklahoma City to Denver, Colorado, due to concerns about the potential for an impartial jury. The extensive media coverage and the emotional impact of the Oklahoma City bombing, which killed 168 people, made it difficult to find jurors who had not been influenced by pre-trial publicity. The change of venue was intended to ensure a fair trial in a less emotionally charged environment.
Donald M. Gillmor has written: 'Judicial restraints on the press' -- subject(s): Contempt of court, Freedom of the press, Crime and the press, Newspaper court reporting 'Free press and fair trial' -- subject(s): Free press and fair trial 'Power, publicity, and the abuse of libel law' -- subject(s): Process, Press law, Publicity, Libel and slander
Jack Ruby's conviction was overturned because his defense argued that he did not receive a fair trial due to pretrial publicity and the judge's decision to try him in a different county. The Texas Court of Criminal Appeals ruled that Ruby was not able to receive a fair trial in Dallas because of the extensive media coverage surrounding the case.
right to a fair trial presumption of innocence
All crimes are tried in the same jurisdiction where they were committed - except - when the defense can convince a judge that they cannot receive a 'fair' trial or that the general jury pool is 'tainted' by publicity, or otherwise.
A fair trial before an impartial jury of their peers.
A rogue juror can have a significant impact on the outcome of a trial by causing a mistrial or influencing other jurors to make a decision that may not align with the evidence presented in court. This can result in a verdict that is not fair or just.
A "fair trial" is a neutral trial conducted to accord each party to the proceeding their due process rights.The right to a fair trial applies to civil and criminal proceedings and various rights associated with a fair trial are explicitly proclaimed in the Sixth and Fourteenth Amendments to the U.S. Constitution.In a fair trial, the accused's legal rights are safeguarded and respected.A fair trial hears before it condemns (i.e.: The trial proceeds on inquiry and renders judgment only aftertrial).In a fair trial, jurors are to be entirely indifferent as to the parties at the outset.The necessary elements of a fair trial are an adequate hearing and an impartial tribunal, free from any interest, bias, or prejudice.A fair trial presupposes full justice is rendered within human limitations.
C. A Fair Trial
Trial by jury of our peers.a fair trial
The guarantee of a public trial and the right to a fair trial can conflict when pretrial publicity or public interest in a case jeopardizes the impartiality of jurors. A highly publicized trial may lead to biases or prejudgments among potential jurors, making it challenging to ensure an unbiased verdict. Additionally, the need for confidentiality in certain aspects of a case, such as protecting witnesses or sensitive evidence, may be at odds with the principle of open court proceedings. Balancing these rights requires careful judicial management to uphold both principles.
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