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NCJRS Abstract

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NCJ Number: 31662 Find in a Library
Title: DUE PROCESS DENIAL NOT PRESUMED WHEN KNOWLEDGE OF PAST MISDEEDS IS POSSESSED BY THE JURY - 'TOTALITY OF CIRCUMSTANCES' TEST WILL BE USED TO DETERMINE FAIRNESS OF TRIAL - MURPHY V FLORIDA
Journal: AMERICAN CRIMINAL LAW REVIEW  Volume:13  Issue:2  Dated:(FALL 1975)  Pages:285-298
Author(s): J D GOLDSMITH
Corporate Author: American Bar Association
United States of America
Date Published: 1975
Page Count: 14
Sponsoring Agency: American Bar Association
Format: Article
Language: English
Country: United States of America
Annotation: THE SUPREME COURT HELD THAT MERE JUROR KNOWLEDGE OF A DEFENDANT'S CRIMINAL PAST WOULD NOT GIVE RISE TO A PRESUMPTION OF A DENIAL OF DUE PROCESS: THE 'TOTALITY OF CIRCUMSTANCES TEST' IS DESCRIBED.
Abstract: PREJUDICE WILL BE PRESUMED IF THE FACUTAL SITUATION IS SUFFICIENTLY EGREGIOUS SO THAT THE DEFENDANT IS NOT AFFORDED THE 'SOLEMNITY AND SOBRIETY TO WHICH HE IS ENTITLED IN A SYSTEM THAT SUBSCRIBES TO ANY NOTION OF FAIRNESS AND REJECTS THE VERDICT OF THE MOB.' HOWEVER, IF A FACTUAL SITUATION IS NOT SUFFICIENTLY EGREGIOUS TO GIVE RISE TO A PRESUMPTION OF PREJUDICE, THE TOTALITY OF THE CIRCUMSTANCES WILL BE EXAMINED TO DETERMINE WHETHER OR NOT A PETITIONER HAS RECEIVED A FUNDAMENTALLY FAIR TRIAL BY A PANEL OF IMPARTIAL JURORS. IN THIS CASE, THE PRESUMPTION OF DENIAL OF DUE PROCESS IS DETERMINED BY VOIR DIRE TESTIMONY, VOIR DIRE STATISTICS, AND THE COMMUNITY ATMOSPHERE AS REFLECTED IN THE NEWS MEDIA.
Index Term(s): Fair trial-free press; Judicial decisions; Jury selection; Right to Due Process; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31662

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