What is the definition of Pretrial Publicity?
The right of a criminal defendant to receive a fair trial is guaranteed by the SIXTH AMENDMENT to the U.S. Constitution. The right of reporters (print and electronic media) to publish information about the defendant and the alleged criminal act is guaranteed by the FIRST AMENDMENT . These two constitutional safeguards come into conflict when pretrial publicity threatens to deprive the defendant of an neutral jury. The U.S. Supreme Court has grappled beside the issue of pretrial publicity since the 1960s. In Irvin v. Dowd, 366 U.S. 717, 81 S. Ct. 1639, 6 L. Ed. 2d 751 (1961), the defendant, Leslie Irvin, was convicted of committing six murders contained by a rural area of Indiana. The crimes generate extensive media coverage. Irvin argued that the pretrial publicity prevented him from reception a fair trial by an equitable jury. The Court agreed, noting that eight of the twelve jurors who hear the case have decided that Irvin be guilty before the trial begin. Despite these admissions, t
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