18 Questions
What did the Supreme Court state about the lineup procedure in Stovall v. Denno?
It was unnecessarily suggestive and conducive to irreparable mistaken identification.
According to Palko v. Connecticut, what is the fundamental purpose of the Bill of Rights?
To protect basic values implicit in the concept of ordered liberty.
What does double jeopardy protect individuals against?
Being tried twice in the same court for the same crime after a verdict is given.
What was the outcome of the case Sheppard v. Maxwell (1966) with regards to the media's influence on trials?
The conviction was overturned due to media influence.
Under what circumstances does double jeopardy not apply?
In case of a mistrial or hung jury.
How did the Supreme Court address the conflict between fair trial rights and freedom of press in Nebraska Press Association v. Stuart (1976)?
Acknowledged the difficulty in balancing these rights.
Can an accused person be tried in both state and federal courts for different charges arising from the same crime?
Yes, as long as the conduct violates both state and federal laws.
According to the Supreme Court, what may not inevitably prevent the holding of a fair trial even with pervasive pretrial publicity?
Media exposure.
In what scenario can an individual be tried in both a criminal court for a crime and a civil court for liability without violating double jeopardy?
If the liability trial is about compensation rather than punishment.
Why did the Supreme Court in Nebraska Press Association v. Stuart (1976) refuse to ban courtroom orders outright?
To leave room for potential justifications based on specific circumstances.
Why did the press contest the continued use of gag orders by courts following the Sheppard v. Maxwell case?
They saw it as a violation of the First Amendment.
Why does the right to a 'fair' trial sometimes conflict with the desire for a free press according to the text?
Due to potential media influence on trial outcomes.
What is one of the important rights granted by the Sixth Amendment?
The right to confront witnesses.
What must a suspect do to invoke the right to remain silent?
Explicitly state that he or she is invoking the right.
How did the Supreme Court rule regarding a suspect's voluntary statement after remaining silent?
It waives the right to remain silent.
What did the Court find regarding a suspect's silence in invoking the right to remain silent?
It does not invoke the right.
Why is informing a suspect of their rights, including the right to counsel, important for police officers?
To ensure a fair trial as per the Sixth Amendment.
What has been a common subject of cases heard by the Supreme Court regarding the right to counsel?
The critical stage at which counsel is needed.
Study Notes
- Conflict exists between the desire for a free press and the criminal justice system's need to ensure suspects receive a fair trial, as seen in cases like Sheppard v. Maxwell and Nebraska Press Association v. Stuart.
- The Fifth Amendment protects individuals against double jeopardy, meaning they cannot be tried twice in either federal or state court for the same crime after a verdict is given, with exceptions for mistrials, trial errors, and hung juries.
- The right to remain silent under Miranda warnings was upheld in Berghuis v. Thompkins (2010), clarifying that silence alone does not invoke the right, and a suspect must explicitly state it.
- The Sixth Amendment guarantees several rights, including the right to a speedy trial, trial by jury, public trial, confrontation of witnesses, and the right to counsel, which is critical in ensuring fairness in the criminal justice system.
- The Supreme Court has emphasized the challenge of balancing the Sixth Amendment's right to a fair trial with the First Amendment freedom of the press, particularly in cases involving pretrial publicity and media impact on the accused's interests.
Explore how the desire for a free press can conflict with the criminal justice system's interests in ensuring a fair trial. Learn about the impact of media on high-profile cases like Sheppard v. Maxwell (1966) and the use of gag orders by courts.
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