Deck 12: Free Press-Fair Trial: Closed Judicial Proceedings

Question 1

In determining whether a judicial proceeding should be presumed to be open,a judge must consider what two factors?

Answer 1

(1)Whether the hearings or document has been traditionally and historically open to the press and public. (2)Whether press and public access to this hearing will play a positive role in the functioning of the judicial process.

Question 2

When considering whether to permit the broadcast of evidence in a criminal case,a court should consider

A)whether or not the material has been introduced into evidence in open court.
B)whether the broadcast could jeopardize the defendant's right to a fair trial.
C)what kinds of persons (defendants,witnesses,innocent third parties)are on the video or audio taped evidence.
D)all of the above.

Answer 2

D

Question 3

Even in states in which televising trials are permitted,broadcasters must always get prior approval from the trial judge before they can bring their cameras into the courtroom.

Answer 3

False

Question 4

Although the press has been granted access to many,maybe even most,documents filed in connection with a trial,reporters are routinely denied access to

A)depositions and court docket sheets.
B)pre-sentencing reports and plea agreements.
C)out-of-court settlements and records entered under a protective order.
D)search warrants and indictments.

Question 5

In controversial,highly publicized cases,jury verdicts are often sealed to protect the jurors from retribution.

Question 6

Broadcasters are now permitted to record and televise executions.

Question 7

Although a judge may have difficulty closing a pretrial hearing today,most courts have ruled that a trial judge may deny access to documents filed in connection with the hearing.

Question 8

As a general rule,reporters are normally permitted to use lap top computers or texting devices during a trial.

Question 9

While cameras are generally permitted in almost all state courts,

A)They are barred from most federal courts.
B)In many states the trial judge must still agree to their use in a particular trial.
C)They are not permitted at hearings at the U.S.Supreme Court.
D)All of the above are true.

Question 10

Some judges have refused to reveal the names and addresses of jurors sitting in a criminal trial

A)to protect the jurors from outside pressure.
B)to protect the jurors from harassment by the mass media.
C)to help ensure the safety of the jurors if an unpopular verdict is handed down.
D)All of the reasons listed above have been cited by judges.

Question 11

The federal courts are in disagreement whether deportation hearings should always to open to the press and public.

Question 12

Proceedings before military tribunals

A)are always open because of the First Amendment.
B)are always closed because of the Sixth Amendment.
C)may or may not be open.
D)may only be held in official war zones.

Question 13

What are the three reasons that out-of-court settlement agreements are usually sealed?

Question 14

To overturn a conviction in a trial that has been televised,the defendant must show

A)that the use of the electronic recording equipment made a substantial difference in the outcome of the trial.
B)that the cameras focused on the jurors as well as the other trial participants.
C)that the television coverage of the trial prejudiced the members of the community against him or her during the trial.
D)that he or she had not given permission for the proceedings to be televised.

Question 15

Public and press access to military courts is generally open,but the question of whether the trials of terrorist suspects by military tribunals will be open has yet to be resolved.

Question 16

In court rulings on whether trials are presumptively open or closed

A)the Supreme Court has ruled that both criminal and civil trials are open.
B)the Supreme Court has ruled that criminal trials are open,but civil trials are closed.
C)the Supreme Court has ruled that criminal trials are open,and lower federal and state courts have ruled that civil trials are open.
D)the Supreme Court has ruled the civil trials are open but criminal trials should be closed.

Question 17

The Press-Enterprise test is used by judges to

A)gauge the amount of prejudicial publicity in a case.
B)determine the constitutionality of a restrictive order.
C)set the number of peremptory challenges that will be allowed in a case.
D)determine whether a pretrial proceeding will be open or closed.

Question 18

If a judge orders a proceeding closed,a reporter who is at the hearing should make a formal objection.

Question 19

While military commissions or tribunals may or may not be open to the press and public,military courts martial are supposed to be open under both military law and the First Amendment.

Question 20

The federal government has decided that all suspected terrorists should be tried

A)By secret military tribunals.
B)In open federal courts in the United States.
C)In administrative hearings at the Guantanamo detention facility.
D)This issue is not yet resolved.

Question 21

What are the steps taken to successfully close a presumptively open pretrial hearing?