Superior Girl 1984.zip

Superior Girl 1984.zip

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Superior Girl 1984.zip

before the voir dire examination of prospective jurors began at a trial in california superior court for the rape and murder of a teenage girl, petitioner moved that the voir dire be open to the public and the press. the state opposed the motion, arguing that, if the press were present, juror responses would lack the candor necessary to assure a fair trial. the trial judge agreed and permitted petitioner to attend the general but not the individual voir dire proceedings. all but approximately three days of the 6-week voir dire was thus closed to the public. after the jury was empaneled, petitioner moved for release of the complete transcript of the voir dire proceedings, but both defense counsel and the prosecutor argued that release of the transcript would violate the jurors’ right to privacy. the court denied the motion and, after the defendant had been convicted and sentenced to death, denied petitioner’s second application for release of the voir dire transcript. petitioner then sought in the california court of appeal a writ of mandate to compel the trial court to release the transcript and vacate the order closing the voir dire proceedings. the petition was denied, and the california supreme court denied petitioner’s request for a hearing.

[ footnote 1 ] as to most of the information sought during voir dire, it is difficult to believe that when a prospective juror receives notice that he is called to serve, he has an expectation, either actual or reasonable, that what he says in court will be kept private. despite the fact that a juror does not put himself voluntarily into the public eye, a trial is a public event. see craig v. harney, 331 u.s. 367, 331 u. 374 (1947). see also globe newspaper co. v. superior court, 457 u. 596 (1982); richmond newspapers, inc. virginia, 448 u. 555 (1980); gannett co. depasquale, 443 u. 368 (1979). and, as the court makes clear today, voir dire, like the trial itself, is presumptively a public proceeding. the historical evidence indicates that voir dire has been conducted in public and most prospective jurors are aware that they will be asked questions during voir dire to determine whether they can judge impartially.

the trial court’s orders denying access to the transcript also denied the media access to the transcript, since press releases announcing the denial of access were the only means available to the press for disseminating the information. the california supreme court accepted the trial court’s determination that release of the transcript would lead to the disclosure of the jurors’ names, addresses, and telephone numbers. but the court’s conclusion that release of the transcript would jeopardize the privacy interests of the jurors was supported by the record. the trial court had reason to believe that the release of the transcript would lead to harassment of the jurors. the court did not require a showing that harassment of the jurors would occur, and did not require the court to make a showing of specific instances of harassment or violence that would occur if the jurors’ names were released. rather, the court concluded that release of the transcript would jeopardize the privacy interests of the jurors. this court has held that the privacy interests of a juror may be implicated when “the circumstances of [a] trial may reasonably be expected to engender publicity” and the juror fears that his “identity and that of his family will be revealed.” press-enterprise co. v. superior court, 464 u. s. 501, 508, 510 (1984). in the present case the court did not require a showing that the publicity of the voir dire posed a substantial risk to the jurors. no such showing was made. indeed, the court did not require a showing that harassment of the jurors would in fact occur. the court’s order was based on the possibility that disclosure of the voir dire transcript might lead to harassment of the jurors. such a speculative possibility cannot support an order that impairs the constitutional right of a member of the public to attend a criminal trial.
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