Pre-trial Media Coverage, Continued

What is the process that occurs if a defendant raises serious doubts about whether he or she can receive an impartial jury because of inflammatory news coverage? Generally, the proper remedy is to change the venue to assure the accused a fair trial. An impartial jury has been defined by Texas courts of appeals as a jury which does not favor a party or an individual because of the emotions of the human mind, heart, or affections. The defendant, the facts, the law, and other issues in the case will not be prejudiced.

There are several important factors to be considered when addressing the nature of pretrial publicity:

1. the relationship between government officials and the publicity;
2. the severity and notoriety of the offense;
3. the area from which the jury panel is being drawn;
4. the nature of the pretrial publicity;
5. the particular degree to which the pretrial publicity circulated in the community;
6. the length of time between the dissemination of the publicity and the trial; and
7. other events that occur in the community that will affect the potential juror pool;