NCJ Number
133250
Journal
American University Law Review Volume: 40 Issue: 2 Dated: (Winter 1991) Pages: 821-836
Date Published
1991
Length
16 pages
Annotation
Arguing that a fundamental obstacle to a fair trial in this age of mass media may come from generic prejudice, this article focuses specifically on media coverage of the drug wars and considers how that coverage is potentially prejudicial to the trial of a defendant accused of a drug offense.
Abstract
Three cases are cited to illustrate the scope and elusiveness of generic prejudice before turning to the role of pretrial procedures, the problems inherent in meaningful voir dire in drug cases, and devices courts use to limit the effect of prejudicial publicity. Courts use jury sequestration, admonitions to the jury during the trial, and jury instructions prior to deliberations to limit the effect of prejudicial publicity, but United States v. Concha demonstrates the limitations of judicial admonitions and instructions in overcoming generic prejudice. Researchers need to isolate and to measure the influence of generic prejudice, and the legal system must work to ensure generic prejudice does not result in a brand of generic justice blinded by a passion to win the war on drugs. 90 footnotes