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First And Sixth Amendment Essay

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• Section 1: The two amendments pertaining to the question “What powers should a judge exercise to limit news reports before and during a trial if such publicity might hurt a defendant’s chances for a fair trial?” in chapter seven, are the First and Sixth amendments. The First Amendment entails the right to free speech and free press. The amendment also includes the establishment of religion, the right to peaceable assemble, and right to petition the government. This relates to the problem presented, due to the news coverage of trails and how positive and negative coverage could potentially impact the person’s right to a fair trial as established in the Sixth Amendment. The Sixth Amendment details a citizen’s right to a speedy, fair and public …show more content…
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• Section 2: The Jodi Arias case in 2013, held in Phoenix, was impacted by media coverage and attorneys were hard pressed to find jurors “untainted” by the coverage to remain impartial. The details regarding the sexual activity and the violent details of the murder captured and horrified audiences. Her story continued to be sensationalized leading up to and continuing after her trial. The judge did not impose any sort of restriction on media coverage or the case, which led to a hung jury and beliefs that the verdict reached was the wrong.

• Section 3: In my opinion, lines should be drawn when there is significant risk that the defendant may have already been impacted by the news coverage of the case. If there is significant publicity before the trial and it is hard to believe that all parties involved do not already hold a predetermined opinion before entering the trial, and that public outrage or opinions will not have an adverse impact on the outcome. It should matter how high profile a case is, the more prolific the defendant, the more easily opinions will run high and the trial may be impacted my media coverage. Cases such as the Jodi Arias case or the OJ Simpson trial may have ended differently if they had not been so heavily publicized. Perhaps a line should be drawn between informing the public and dramatizing the trial for entertainment purposes. Checks and balances would be good to determine the quality of media coverage and if that coverage is having an impartial and factual

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