The jury panel has been brought in, and the attorneys have begun asking general questions. The defense
Question:
The jury panel has been brought in, and the attorneys have begun asking general questions. The defense attorney asks, "Has anyone read any accounts of this case in newspapers or seen any coverage on television?" Over half of the members of the panel raise their hands. This is far more people than the defense attorney thought would have some knowledge about the case. He asks a few more general questions designed to discover if any panel members have formed an opinion about the case based on the coverage. Not a single person responds that they have formed an opinion about the case, but the defense attorney is unconvinced. He announces that he has a motion and asks that the panel members be removed from the courtroom so that he can bring his motion. Although the judge is reluctant, he consents. Once the panel members have been sent back to the juror administration area, the attorney says, "Your Honor, I renew my motion for a change of venue. In this case, the jurors have all stated that they have either read or heard about this case. My client cannot get a fair trial under these circumstances." How does the judge rule, and how does the prosecutor respond?
Constitutional Law Governmental Powers and Individual Freedoms
ISBN: 978-0135109502
2nd edition
Authors: Daniel Hall, John Feldmeier