Deck 14: Courts Media

Question 1

The right to an impartial jury is guaranteed by which part of the Bill of Rights?

A) First Amendment
B) Second Amendment
C) Sixth Amendment
D) Fifteenth Amendment

Answer 1

C

Question 2

The reason pretrial publicity is considered an obstacle to the constitutional rights of the defendant is because it ____?

A) threatens right to a speedy trial
B) threatens right to be confronted by accusers
C) threatens right to counsel
D) threatens right to an impartial jury

Answer 2

D

Question 3

On occasion, the Supreme Court has found pre-trial publication of certain items of information to be "presumed prejudicial." Which one(s)?

A) confessions or admissions of guilt, or other "evidence" possibly inadmissible at trial
B) prior criminal record, although the Court softened its stance by saying reporting criminal record alone is not enough to be prejudicial
C) attribution of serious character flaws, or epithets such as "Mad Dog"
D) all of the above

Answer 3

D

Question 4

A court order to import jurors from a remote location to ensure fairness is a ___ ?

A) change of venue
B) change of venire
C) juror discharge
D) none of the above

Question 5

A court order to move a trial to a remote spot away from news publicity is a ___ ?

A) change of venue
B) change of venire
C) juror discharge
D) none of the above

Question 6

The procedure that postpones legal proceedings until a later date is known as a ___ ?

A) judicial admonition
B) voir dire
C) continuance
D) sequestration

Question 7

The process of keeping the jurors secluded so that no one talks with them about the trial outside of court is called ___ ?

A) judicial admonition
B) voir dire
C) continuance
D) sequestration

Question 8

The pre-trial process of jury selection is known as ___ ?

A) judicial admonition
B) voir dire
C) continuance
D) sequestration

Question 9

Judges statements, direction, or advice to jurors, or anyone, at trial is known as ___ ?

A) judicial admonition
B) voir dire
C) continuance
D) sequestration

Question 10

Any act which is calculated to embarrass, hinder or obstruct a court in its administration of justice, or which is calculated to lessen its authority or its dignity can be punished as ______ ?

A) change of venire
B) voir dire
C) contempt of court
D) subpoena

Question 11

If an act of defiance to court orders occurring outside the courtroom, such as the failure to appear at trial when subpoenaed would be best described by what term below?

A) indirect contempt
B) direct contempt
C) voir dire
D) subpoena

Question 12

Acts of defiance or disruption taking place inside the courtroom, including acts of aggression during courtroom proceedings would be best described as ___ ?

A) indirect contempt
B) direct contempt
C) voir dire
D) subpoena

Question 13

A court order issued for someone to appear at trial or another legal forum is called a ___ ?

A) indirect contempt
B) direct contempt
C) contempt of court
D) subpoena

Question 14

This sanction issued as a penalty by the court for the purpose of compelling a reporter to testify is called a ____?

A) criminal contempt citation
B) subpoena
C) civil contempt citation
D) none of the above

Question 15

A judge's order to block trial participants from speaking in public on a trial is a ___ ?

A) subpoena
B) change of venire
C) voir dire
D) suppression or gag order

Question 16

Which of the following items are considerations for the court to address before issuing a suppression (gag) order to control media coverage of trial or pre-trial activities?

A) nature and extent of the pre-trial news coverage
B) alternatives to a gag order that would provide for a fair trial
C) likelihood that a gag order would actually ensure a fair trial
D) all of the above

Question 17

To compel a reporter to testify, the court must meet which of the requirements below?

A) show probable cause the newsman has information clearly relevant to the offense
B) show information sought cannot be obtained by alternative means less destructive of First Amendment rights
C) show a compelling and overriding interest in the information
D) all of the above

Question 18

A formal accusation that a person has committed a felony or serious crime is a(n)

A) indictment
B) subpoena
C) presumptive right of access
D) criminal contempt citation

Question 19

State laws in 49 states affording privilege to journalists to not disclose information (i.e. notes and other materials) obtained during their newsgathering activities

A) Branzburg test
B) USA PATRIOT Act
C) shield laws
D) First Amendment

Question 20

A benefit, immunity, or exemption extended only to a specific group of people (such as journalists) granting immunity from being forced to reveal sources is called a ___?

A) privilege
B) sanction
C) appurtenance
D) concession

Question 21

Which of the following are valid reasons police could use to seize work products from a reporter's desk?

A) Subject of a warrant is suspected of a crime and is not just an "innocent bystander"
B) Injury or loss of life is imminent if the material is not immediately seized
C) Reason to believe documentary materials would be destroyed if subpoenaed
D) all of the above

Question 22

Which of these groups is the professional organization for lawyers in the U.S.?

A) United States Professional Lawyers Organization (USPLO)
B) American Bar Association (ABA)
C) Law Infra Bar Equity Legalese (LIBEL)
D) Statutory Usurious Exculpatory Association (SUE)

Question 23

Which of the following cases showed how a reversible error at trial can be caused by the impact of television cameras in the courtroom?

A) American Booksellers v. Hudnut (1985)
B) Estes v. Texas (1965)
C) Stanley v. Georgia (1969)
D) O'Grady v. Superior Court (2006)

Question 24

The rule in criminal trials including the pre-trial hearings is the proceedings are presumptively open to the public and press due to the ____ ?

A) subpoena
B) change of venire
C) voir dire
D) presumptive right of access

Question 25

Which of the following is a possible reason for a judge to close any portion of a trial to the public (and therefore the media)?

A) There must be a fundamental right (such as privacy or fair trial) at risk if the proceeding is held in public
B) There must be convincing evidence (not mere speculation) that the right at risk will be compromised if the proceeding is not closed
C) There must be no alternative available to protect neither the fundamental right which
Is less damaging to the accused party's Sixth Amendment right to a public trial
Nor the public's First Amendment right to an open courtroom
D) The closure must be limited to the specific content that causes problems for the fundamental right being protected
E) all of the above

Question 26

Baron Mind-Meld has been accused of murdering three people, armed robbery and spitting on the sidewalk. After weeks of pretrial publicity, the judge begins to publicly express doubts about whether the Mind-Meld can ever get a fair trial, given all the media attention the case has gotten. Judge Abe E. S. Corpus decides to issue a gag order on the press, prohibiting publication of any details surrounding the trial. Fearing his order would never stand constitutional muster, Corpus also closes the courtroom to the public, so the press can't claim a right to print what is already public. Since the judge has a substantial interest in ensuring a fair trial, and because both the prosecution and defense favor closure, the courtroom will be closed and media prevented from covering the trial.

Question 27

S.P. Enauge is accused of treason. WAMO-TV wants to televise the trial, which will take place in federal district court in Indianapolis. If the judge and all the participants in the trial agree to allow it, Enauge's trial can be televised.

Question 28

Reed Ikulous is accused of murder. If the judge and all participants in the trial agree to allow it, Ikulous's trial cannot be televised because even though cameras are allowed to televise trials it in the particular state's courts, the precedent prevents it.

Question 29

An independent newspaper, The Rag has pictures in its files of someone placing a bomb at the local convention center. The bomb never detonates, and is later removed by a bomb squad. The next day, the Rag publishes the photographs. District Attorney Priscilla Cute, wants to get as much evidence as possible, and she wants to see what other pictures the Rag has. Cute will have a warrant issued rather than a subpoena, because news media should receive warrants due to their history of compliance with criminal investigations.

Question 30

NOTE: This is not a Branzburg question; this is a shield law question: WINO reporter Luke Warm gets a call from a wanted criminal. The criminal is willing to tell Warm all kinds of secrets, but requires him to maintain his confidentiality, which Warm agrees to do and then reports all sorts of interesting tidbits. One of those stories might help Minnie Van Driver, who is currently on trial for auto theft and there is no one else who has the information but Warm. Local Judge John Mental orders the reporter to testify in Van Driver's case. The state has a shield law protecting journalists from testifying so Judge Mental will find in favor of the reporter and not require him to testify.

Question 31

Isabelle Ringing is a reporter for WAMO-TV. She does a series of reports about the dangers of dining out. Anne Nonimous is a foodie who has lots of friends in the restaurant community and shares with Ringing the secret that servers at one restaurant give their friends free food, then slip the charges on to large-party bills where multiple customers are unlikely to inspect the check. Nonimous insists Ringing protect her identity, which she agrees to do. The restaurant owner sees the story and decides to fire all the wait staff. One of the fired servers wants to compel Ringing to testify in a civil suit against the owner. There is a shield law in the state, but she will be compelled to testify.

Question 32

S.P. Enauge is accused of treason. Prosecutor N. Forcer convenes a federal grand jury to investigate. One of the witnesses the government wants to hear is journalist Cam Raman. He is subpoenaed but refuses to appear for fear his sources will think he disclosed their names. Raman is not likely going to have to testify because precedent has held courts must apply the Branzburg test to grand jury proceedings.

Question 33

In the interest of protecting minors who are witness to criminal acts of violence or abuse, state legislator Lou Pole gets a law passed (Lou's Law) closing that phase of a public trial where minors are to give testimony about a murder, rape or kidnapping case. Because the State has such a strong interest in protecting children, Lou's Law would survive any challenge to it in the courts.

Question 34

Betty Crocked is a reporter for the Rag and works in a state with a good shield law. While driving through a particularly dangerous part of town, she witnesses a murder, and then reports on it. Her story provides a fair amount of detail. Unfortunately, there is no one else who saw the incident to verify the story. Crocked is eventually called to testify, but then refuses to comply. According to precedent established in Branzburg, she will not be compelled to give her evidence since she is a journalist and the shield law protects her.

Question 35

Judge Pompous issues an order requiring anyone attending a trial to submit all written materials to the bailiff after the trial, so the material can be photocopied and checked for errors. Rag reporter Scoop Story knows the order is far beyond the judge's authority, so he ignores it without appealing it. Sure enough, Pompous finds Story guilty of contempt of court. Story then appeals the case. The appeals court, following precedent, will find the order unconstitutional and will overrule the contempt citation. Because Pompous's order was inappropriate, Story is not required to abide by it.