Mass Media Law 21st Edition By Clay Calvert – Test Bank

Chapter 11

Free Press-Fair Trial: Trial-Level Remedies and Restrictive Orders

Multiple Choice Questions

1. The definition of an impartial juror under the law is one who
   A.has heard or read nothing about the case.
   B. has not posted about the case on social media.
   C. has formed no impressions about the case.
   D. may have heard things about the case but has an open mind about the defendant’s guilt or innocence.

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2. When a change of venue is granted in a state court, the judge is free to move the trial
   A.to another court in the same community.
   B. to another community in the same state.
   C. to another community anywhere in the nation.
   D. to a later date.

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3. When a court orders a change of veniremen, this means that
   A.jurors who will hear the case will be selected from a community distant from the community in which the defendant will be tried.
   B. the trial will be moved to a community distant from the community in which the crime was committed.
   C. a new jury panel must be selected because of racial or gender imbalance.
   D. the case will be heard without a jury.

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4. Which of the following pretrial stories would NOT be regarded by most judges as being prejudicial to a criminal defendant?
   A.a report that the defendant’s fingerprints were found on the murder weapon
   B. a report that the defendant had confessed to the crime
   C. a report that the defendant was a member of a notorious street gang whose members had been linked to several killings
   D. a report that the defendant was arrested as he attempted to board a plane

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5. A trial judge has an absolute right to bar a juror from
   A.using a handheld communication device like a smartphone or a Blackberry during a trial.
   B. talking with other jurors about the case during the trial.
   C. talking with the media about the case after the trial is completed.
   D. none of the answers is correct.

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6. Federal courts
   A.have all barred reporters using social media and personal electronic devices.
   B. have come to different conclusions about reporters using media and personal electronic devices.
   C. have barred jurors from talking with the media about criminal cases after the trial is completed.
   D. have never allowed a camera to broadcast from a courtroom.

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7. Since the Supreme Court ruling in the Nebraska Press Association case, restrictive orders against the press
   A.have become much less common.
   B. have become more common against TV stations but less common against newspapers.
   C. have greatly increased for all mass media.
   D. are usually rejected by trial courts but imposed by appellate courts.

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8. Under the rule enunciated in Nebraska Press Association v. Stuart, a judge may consider imposing a restrictive order against the press if
   A.a defendant has confessed to a crime.
   B. the publicity being generated is patently false.
   C. no other measure is likely to mitigate the effects of the publicity.
   D. there is even a slight chance that the case will generate prejudicial publicity.

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9. Which of the following is not a judicial remedy for pre-trial publicity?
   A.Change of venue
   B. Voir dire
   C. Continuance
   D. Avoidance

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10. When considering when a change of venue is required, courts consider:
    A.the magnitude and tone of media coverage
    B. the population and characteristics of the community in which the crime occurred
    C. the amount of time elapsed between the crime and the trial
    D. all of the above