Prejudicial Publicity, Essay Example

A Trial Judge has three main options to deal with prejudicial publicity occurring before or after a trial.  These are as follows:

1. A Gag Order : Here the judge may prohibit the attorney and others involved in a legal proceeding from disclosing any materials or discussing the matters of a case with the Public.  This is where, in the opinion of the Judge, such an action my be prejudicial to the case before the trial.  Failure to comply shows contempt of court and can result in heavy fines being imposed upon the offender.
2. Change of Venue: The judge may decide that the trial may be moved to a different change of venue where it is considered that there might be bias, corruption or bigotry that will potentially prevent a fair trial from being carried out.  ” A change of venue involves the moving of a trial to another county less influenced by the publicity.” (Dennis, 1994). ” United States v. Moody, 762 F.Supp. 1485 (N.D.Ga. 1991): Roy Moody’s mail bomb trial would be transferred from the Northern District of Georgia to the District of Minnesota because of the pretrial publicity which was widespread and prejudicial. Some of the publicity was generated by agents of the government.” (caught.net, 2010).
3. Sequestering the Jury: This is where the judge instructs the jury (normally 12 jurors) that they will be held in secure accommodation during the period of the trial. This being to prevent any reports, media people or others interfering with or intimidating the jury. This is maintained until the trial is over and a verdict is reached or they decide that it is a hung jury.Judges are also concerned about the Juries being threatened or intimated and one High Court judge recently stated : “The sanctity of the jury room has been called into question by a former High Court judge who claims that gangland threats are forcing jurors to return the ‘wrong verdict’ in criminal trials. And solicitors acting on behalf of gang members have been accused of passing on information to gangsters and seriously betraying their obligations.” (Creer, 2009).

Works Cited

caught.net. (2010). Change Of Venue Cases. Retrieved 7 26, 2010, from caught.net: http://www.caught.net/prose/changev.htm

Creer, S. (2009, 7 13). I have seen people get away with jury threats warns judge. Retrieved 7 26, 2010, from articles.net: http://findarticles.com/p/news-articles/daily-mail-london-england-the/mi_8002/is_2009_July_13/jury-threats-warns-judge/ai_n38270604/

Dennis, H. (1994, 7). Prejudicial publicity and change of venue in civil trials. Retrieved 7 26, 2010, from findarticles.com: http://findarticles.com/p/articles/mi_qa3677/is_199407/ai_n8732800/