virginia argued february decided may petitioner virginia inmate serving time murder committed another murder prison work detail case engendered substantial publicity local news media trial judge denied motion individual voir dire refused ask proposed questions relating content news items potential jurors might seen read initially judge questioned prospective jurors group asking four separate questions effect pretrial publicity information case obtained means one juror admitted formed belief guilt excused cause judge conducted voir dire panels four time juror indicated acquired knowledge case outside sources asked whether formed opinion one juror equivocated impartiality excused judge sua sponte several others excused various reasons although eventually sworn admitted read heard something case none indicated formed opinion based outside information biased way jury found guilty capital murder judge sentenced death virginia affirmed finding criminal defendant may properly ask voir dire whether juror previously acquired information case defendant constitutional right explore content acquired information entitled know whether juror remain impartial light previously obtained information held trial judge refusal question prospective jurors specific contents news reports exposed violate sixth amendment right impartial jury right due process fourteenth amendment pp cases stressed wide discretion granted trial courts conducting voir dire area pretrial publicity areas might tend show juror bias example holding trial voir dire questioning must cover subject possible juror racial bias aldridge careful specify particulars done pp assertion voir dire must merely cover subject pretrial publicity persuasive although precise inquiries contents news reports potential juror read might reveal sense juror general outlook life use exercising peremptory challenges benefit basis making content questions pretrial publicity constitutional requirement since peremptory challenges required constitution ross oklahoma moreover although content questions might helpful assessing whether juror impartial questions constitutionally compelled trial failure ask renders defendant trial fundamentally unfair see murphy florida furthermore contrary situation aldridge supra judicial consensus even weight authority favoring position even federal courts appeals required content inquiries expressly done constitutional grounds pp misplaces reliance irvin dowd held pretrial publicity connection capital trial tainted particular jury pool defendant entitled matter federal constitutional law change venue case deal constitutional requirement voir dire inquiry clear opinion extensive inquiry trial made moreover pretrial publicity although substantial nearly damaging extensive found exist irvin adverse pretrial publicity create presumption prejudice jurors claims impartial believed patton yount case pp also misplaces reliance american bar association standards criminal justice require interrogation juror individually respect read heard case substantial possibility ineligible serve exposure potentially prejudicial material standards leave trial initial determination whether substantial possibility based substantive eligibility standard stricter impartiality standard required constitution see patton supra commended majority courts considered question pp voir dire examination conducted trial case means perfunctory adequately covered subject possible bias pretrial publicity pp rehnquist delivered opinion white scalia souter joined filed concurring opinion post marshall filed dissenting opinion part iv blackmun stevens joined post kennedy filed dissenting opinion post john blume appointment argued cause petitioner briefs mark olive john mclees assistant attorney general virginia argued cause respondent brief mary sue terry attorney general lane kneedler chief deputy attorney general stephen rosenthal deputy attorney general jerry slonaker senior assistant attorney general thomas daniel assistant attorney general kenneth mogill filed brief national jury project amicus curiae urging reversal chief justice rehnquist delivered opinion petitioner dawud majid convicted murdering woman prince william county virginia prison work detail sentenced death case engendered substantial publicity venirepersons eventually sworn jurors answered voir dire read heard something case none read heard something indicated formed opinion based outside information affect ability determine petitioner guilt innocence based solely evidence presented trial petitioner contends however sixth amendment right impartial jury right due process fourteenth amendment violated trial judge refused question prospective jurors specific contents news reports exposed reject petitioner submission inmate virginia department corrections haymarket correctional unit serving sentence murder conviction september transferred virginia department transportation vdot headquarters prince william county assigned work detail supervised vdot employee lunch break escaped perimeter fence vdot facility made way nearby shopping center using sharp instrument fashioned vdot shop murdered robbed gladys nopwasky owner retail carpet flooring store returned prison work crew vdot discarding bloodied shirt murder weapon near highway three months trial petitioner submitted trial support motion change venue newspaper articles relating murder one articles discussed details murder investigation included information petitioner prior criminal record app fact rejected parole six times accounts alleged prison infractions details prior murder serving sentence time murder comment death penalty available convicted earlier murder indications confessed killing gladys nopwasky several articles focused alleged laxity supervision work gangs argued reform prison system trial judge deferred ruling venue motion making attempt seat jury joint appendix shortly date set trial petitioner submitted trial judge proposed voir dire questions filed motion individual voir dire trial denied motion individual voir dire ruled voir dire begin collective questioning venire venire broken panels four necessary deal issues publicity trial also refused ask petitioner proposed questions relating content news items potential jurors might read seen prospective jurors summoned courtroom questioned group asked judge whether anyone acquired information alleged offense accused news media source potential jurors replied prospective jurors asked source content prior knowledge asked following questions information heard received read whatever source information affect impartiality case anyone say read seen heard whatever information may acquired whatever source affect impartiality impartial considering ladies gentlemen answered affirmative heard read case believe enter jury box open mind await entire case presented reaching fixed opinion conclusion guilt innocence accused view everything seen heard read information whatever source acquired case anyone believes become juror enter jury box open mind wait entire case presented reaching fixed opinion conclusion guilt innocence accused trial conducted voir dire prospective jurors panels four whenever potential juror indicated read heard something case juror asked whether formed opinion whether nonetheless impartial none eventually seated stated formed opinion gave indication biased prejudiced defendant swore enter jury box open mind wait entire case presented reaching conclusion guilt innocence juror indicated discussed case anyone asked questions determine discussion took place whether juror open mind despite discussion one juror equivocated whether enter jury box open mind removed sua sponte trial judge one juror dismissed cause frank concerning effect feelings toward members islamic faith toward defense counsel one juror dismissed inability impose death penalty another removed based upon statement upon finding capital murder consider penalty less death app prosecution defense peremptorily challenged potential jurors remaining seated sworn jurors two alternates petitioner renew motion change venue make objection composition jury jurors decided petitioner case one time another read heard something case none indicated formed opinion case biased way jury found petitioner guilty capital murder recommended sentenced death taking matter advisement reviewing presentence report trial judge accepted jury recommendation sentenced death appealed contending entitled new trial result judge failure permit proposed voir dire questions divided vote virginia affirmed conviction sentence finding criminal defendant may properly ask voir dire whether juror previously acquired information case defendant constitutional right explore content acquired information rather accused entitled know whether juror remain impartial light previously obtained information granted certiorari affirm cases dealing requirements voir dire two kinds tried federal courts therefore subject supervisory power see aldridge connors tried state courts respect authority limited enforcing commands constitution see turner murray ristaino ross ham south carolina brief review cases instructive connors said suitable inquiry permissible order ascertain whether juror bias opinion prejudice affect control fair determination issues tried inquiry conducted supervision great deal must necessity left sound discretion rule civil cases rule must applied criminal cases obligation empanel impartial jury lies first instance trial judge must rely largely immediate perceptions federal judges accorded ample discretion determining best conduct voir dire ristaino ross supra held constitution require trial judge question prospective jurors racial prejudice every case races defendant victim differ turner murray supra held capital case involving charge murder white person black defendant questions must asked enjoy latitude setting standards voir dire federal courts supervisory power interpreting provisions fourteenth amendment respect voir dire state courts two parallel themes emerge sets cases first possibility racial prejudice black defendant charged violent crime white person sufficiently real fourteenth amendment requires inquiry made racial prejudice second trial retains great latitude deciding questions asked voir dire said supra despite importance adequacy voir dire easily subject appellate review trial judge function point trial unlike jurors later trial must reach conclusions impartiality credibility relying evaluations demeanor evidence responses questions undoubtedly counsel allowed see individual jurors answer questions exactly read better sense juror general outlook life might revealed revelation use exercising peremptory challenges since peremptory challenges required constitution ross oklahoma benefit basis making content questions pretrial publicity constitutional requirement questions might also effect causing jurors reevaluate answers whether formed opinion case necessarily speculative acceptance petitioner claim require potential juror interrogated individually even interrogation conducted panels four jurors trial descriptions one juror pretrial publicity obviously communicated three members panel interrogated prospect harm good done interrogation petitioner says questioning accomplished juror questionnaires submitted advance trial written answers give counsel exposure demeanor juror course answering content questions trial case expressed reservations interrogating jurors individually might make jurors feel trial concern feelings sensibilities potential jurors allowed defeat inquiry necessary protect constitutional right believe content questions constitutionally required whether trial decides put questions content publicity potential juror must make decision end questioning juror believed says formed opinion case questions content publicity jurors exposed might helpful assessing whether juror impartial constitutionally compelled however enough questions might helpful rather trial failure ask questions must render defendant trial fundamentally unfair see murphy florida aldridge seminal case requiring inquiry racial prejudice opinion makes clear reaching result relied heavily unanimous body precedents holding inquiry made subject pretrial publicity however similar consensus even weight authority favoring petitioner position among decisions cited us parties virginia south carolina state lucas cert denied massachusetts commonwealth burden mass app pennsylvania commonwealth dolhancryk super refused adopt rule courts appeals fifth circuit davis seventh circuit dellinger cert denied ninth circuit silverthorne held circumstances inquiry required appeals eleventh circuit held montgomery courts appeals eight district columbia circuits appear take intermediate position poludniak cert denied sub nom weigand haldeman app cert denied sub nom ehrlichman even federal courts appeals required inquiry made expressly placed decision constitutional grounds noted cases stressed wide discretion granted trial conducting voir dire area pretrial publicity areas inquiry might tend show juror bias particularly respect pretrial publicity think primary reliance judgment trial makes good sense judge sits locale publicity said effect brings evaluation claim perception depth extent news stories might influence juror trial course impute perceptions jurors examined perceptions assistance deciding detailed inquiry make members jury venire petitioner relies heavily opinion irvin dowd support position case held pretrial publicity connection capital trial tainted jury pool gibson county indiana defendant entitled matter federal constitutional law change venue another county opinion case details great length extraordinary publicity attended defendant prosecution conviction murder barrage newspaper headlines articles cartoons pictures unleashed defendant six seven months preceding trial newspapers stories appeared delivered regularly approximately dwellings gibson county evansville radio tv stations likewise blanketed county also carried extensive newscasts covering incidents life stake requiring much petitioner tried atmosphere undisturbed huge wave public passion jury one members admit hearing testimony possessing belief guilt ibid trial findings juror impartiality may overturned manifest error patton yount quoting irvin dowd supra patton acknowledged adverse pretrial publicity create presumption prejudice community jurors claims impartial believed case trial case confronted wave public passion engendered pretrial publicity occurred connection irvin trial due process clause fourteenth amendment might well required extensive examination potential jurors undertook showings comparable cases differ kind community coverage took place extent media coverage unlike community involved irvin county petitioner tried prince william population one nine murders committed county year part metropolitan washington statistical area population million unfortunately hundreds murders committed year irvin news accounts included details defendant confessions burglaries six murders including one tried well unaccepted offer plead guilty order avoid death sentence contained numerous opinions guilt well opinions appropriate punishment news reports favorable contain sort damaging information much pretrial publicity aimed department corrections criminal justice system general criticizing furlough programs made crimes possible killing ultimately results charge capital murder engender considerable media coverage one may engendered occurrence presidential campaign similar crime committed massachusetts inmate became subject national debate pretrial publicity case appears substantial kind extent found exist irvin petitioner also relies standards criminal justice ed promulgated american bar association standards require interrogation juror individually respect prospective juror read heard case substantial possibility individual jurors ineligible serve exposure potentially prejudicial material standards course leave trial initial determination whether substantial possibility importantly standards relating voir dire based substantive rule renders potential juror subject challenge cause without regard state mind exposed remembers highly significant information incriminating matters may inadmissible evidence stricter standard juror eligibility held constitution require aba standard answers questions content without disqualify juror sitting constitutional standard hand relevant question whether community remembered case whether jurors fixed opinions judge impartially guilt defendant patton supra constitutional standard answers questions content alone reveal juror remembered facts case sufficient disqualify juror required jurors totally ignorant facts issues involved irvin aba standards indicated previous discussion state federal decisions commended majority courts considered question fact particular rule may thought better view mean incorporated fourteenth amendment cupp naughten voir dire examination conducted trial case means perfunctory asked entire venire jurors four separate questions effect pretrial publicity information case obtained means one juror admitted formed belief petitioner guilt excused cause trial conducted voir dire panels four time individual juror indicated acquired knowledge case outside sources asked whether formed opinion none jurors seated indicated formed opinion one juror equivocated impartiality excused trial motion several jurors excused reasons quite possible voir dire interrogation revealed one jurors formed opinion case trial might decided question succeeding jurors extensively voir dire examination serves dual purposes enabling select impartial jury assisting counsel exercising peremptory challenges aldridge ham held subject possible racial bias must covered questioning trial course examination potential jurors careful specify particulars done instance require questioning individual jurors facts experiences might led racial bias petitioner case insists matter constitutional right subject possible bias pretrial publicity covered questions specifically dealing content juror read asked reasons previously stated hold due process clause fourteenth amendment reach far voir dire examination conducted trial case consistent provision judgment virginia accordingly affirmed footnotes approved proposed questions allow following questions regarding content jurors read heard case seen read heard case get information get information discuss anyone expressed opinion case trial ask several requested questions concerning prior knowledge case acquired information case newspapers television conversations source discussed case anyone silverthorne appeals ninth circuit held jurors interrogated contents news reports read later case polizzi cert denied sub nom emprise held pretrial publicity case substantial enough require extended interrogation pointed silverthorne articles defendant radio television coverage testified senate committee government operations panel potential jurors exposed publicity excused formed opinion giese cert denied distinguished silverthorne commenting trial observation must guide effect pretrial publicity justice concurring justice marshall insists trial judge assessed realistically jurors credibility without first identifying information individual juror exposed disagree true trial judge know precisely individual juror read case undeniably aware however full range information reported submitted support motion change venue newspaper articles relating murder ante trial judge thus aware long voir dire allegedly prejudicial information prospective jurors might exposed information mind trial judge determine whether believe jurors assurances able enter jury box open mind end questioned prospective jurors repeatedly whether exposure pretrial publicity impaired ability impartial one juror equivocated excused trial motion ante jurors ultimately selected trial judge determined assurances impartiality credible observed patton yount credibility determinations kind entitled special deference reversed manifest error dissent correct point trial judge done decided discretion ask juror recount remembered reading case fact remains however trial judge familiar potentially prejudicial publicity jurors might exposed hearing individual jurors repeat judge already knew might still helpful particular juror tone voice demeanor might suggested trial judge juror formed opinion case therefore excused conclude however content questions indispensable violates sixth amendment trial evaluate juror credibility instead reference full range potentially prejudicial information reported accordingly join opinion justice marshall justice blackmun justice stevens join part iv dissenting today decision turns critical constitutional guarantee sixth amendment right impartial jury hollow formality petitioner dawud majid capital murder trial preceded exceptionally prejudicial publicity jury selection jurors ultimately convicted murder sentenced death admitted exposure publicity nonetheless majority concludes trial obligation ask individuals knew case seating jury instead majority holds trial discharged obligation ensure jurors impartiality merely asking jurors whether thought fair majority reasoning unacceptable prospective juror exposed prejudicial pretrial publicity trial realistically assess juror impartiality without first establishing juror already learned case procedures employed case wholly insufficient eliminate risk jury entered jury box predisposed dissent majority concedes charges engendered substantial publicity ante news reports favorable ante seeks minimize impact pretrial publicity arguing extensive cases come ibid majority observation completely beside point regardless widely disseminated news charges might simple fact matter persons jury admitted read heard case majority carefully avoids discussion specific nature pretrial publicity impossible assess fairly claim without first examining precisely written case prior trial september gladys nopwasky stabbed death retail carpet flooring store owned dale city virginia several weeks later inmate serving sentence murder indicted murdering nopwasky facts developed trial established committed murder escaping site virginia department transportation work detail see circumstances murder generated intense local interest political controversy press focused gross negligence corrections officials responsible overseeing work detail escaped reported instance facility assigned enclosed high fence single strand barbed wire across top see app sup hereinafter also reported lax supervision facility allowed inmates ready access alcohol drugs weapons slip away work detail extended periods without detection shortly charges became public state official charge administering corrections highway programs issued public apology satisfied number area residents wrote editorials demanding state officials responsible inmate program fired area leaders pushed increased controls programs see officials responded introduction stiffer restrictions prison work crews suspension furloughs inmates convicted violent crimes explaining new policies director virginia department corrections acknowledged explosive public reaction charges intensified case willie horton whose rape assault maryland woman furlough became major issue presidential campaign world uproar right official quoted stating ibid naturally great deal media coverage controversy devoted details crime stories carried front pages local papers almost extremely prejudicial readers local papers learned nopwasky discovered pool blood clothes pulled semen body described particularly macabre side story local paper reported raping murdering nopwasky returned work site share lunch members prison detail readers also learned confessed crime banner headlines murderer confesses killing woman inmate said admit killing press accompanied news indictment proud announcement virginia secretary transportation public safety state already secured acknowledgment responsibility murder see subsequent stories reported upon confronted charges initially offered incredible claim entered store help nopwasky witnessing another man attempting rape however according reports eventually abandoned story confessed stabbed nopwasky twice steel spike neck chest gotten dispute price oriental rugs one stories carried headline accused killer says stabbed dale city woman argument another story reported admitted least contemplated raping nopwasky according article told authorities thought cross mind sex item reported story captioned headline says decided raping nopwasky ibid see also headline reading laxity factor sex killing read detailed reporting background come away little doubt fully capable committing brutal murder accused one front page story set forth details murder cab driver see another entitled accused killer history prison trouble stated cited violations prison rules denied parole six times also reported suspect recent prison beating several stories reported strayed dale city work detail go numerous criminal forays murdering nopwasky sometimes stealing beer wine another occasion breaking private home quoted local paper department corrections report acknowledged described model prisoner contacted reporter one fellow inmates described lustful individual strange stuff maybe inmate quoted saying knew something going happen indeed readers learned murder nopwasky avoided state permitted seek death penalty murder case story headlined avoided death murder one paper reported decision year earlier furman georgia temporarily invalidated death penalty prosecutor earlier trial case capital murder app reported press prosecutor indicted murdering nopwasky concurred case underscored need swifter capital punishment finally area residents following controversy told uncertain terms local officials already convinced guilt local congressman announced deeply distressed news constituent gladys nopwasky murdered convicted murderer serving highway department work program demanded explanation decisions allowed person like dawud commit murder opponent congressional election member virginia house delegates likewise wrote editorial stated outraged department corrections inmate apparently murdered resident dale city assuring public right person charged crime local police chief explained lost many murder cases lately evidence come point indeed virtue intense media coverage point reached long trial ii question us whether light charged atmosphere surrounded case trial constitutionally obliged ask eight jurors admitted exposure pretrial publicity identify precisely read seen heard majority answers question negative according majority trial need ask prospective juror admitted exposure pretrial publicity whether prospective juror views impartial cases majority asserts never gone far require trial courts engage content questioning impose requirement prove unduly burdensome administration justice accept analysis long repeatedly recognized exposure pretrial publicity may undermine defendant sixth amendment guarantee trial impartial jury irvin dowd rideau louisiana sheppard maxwell murphy florida patton yount order jury fulfill constitutional role juror must set aside preconceptions case base verdict solely evidence trial irvin dowd supra theory system conclusions reached case induced evidence argument open outside influence whether private talk public print patterson colorado ex rel attorney general nonetheless today called upon address great detail procedures necessary assure protection right impartial jury sixth amendment particular although cases indicate trial conclusion particular juror overwhelmed pretrial publicity reviewable manifest error patton yount supra quoting irvin dowd supra never indicated type voir dire trial must undertake order findings merit special deference patton yount supra quoting bose consumers union issue today case essentially one first impression majority observation racial bias cases never gone far require content questioning see ante irrelevant even assuming scope voir dire setting need greater scope voir dire setting inference drawn failure decisions like ham south carolina aldridge require questioning individual jurors facts experiences might led racial bias ante sole issue cases whether inquiry racial bias required indeed firm conclusion drawn jurisprudence prospective juror assurances equal task dispositive accused rights murphy florida supra justice observed individual juror may interest concealing bias may unaware smith phillips concurring opinion natural human pride suggest negative answer whether reason juror fair impartial dellinger compare irvin dowd supra doubt juror sincere said fair impartial petitioner psychological impact requiring declaration one fellows often father simply impossible square today decision established principle prospective juror admits exposure pretrial publicity trial must elicit simple profession swearing person jury extent considered matter emphasized case attended adverse pretrial publicity trial undertake searching questioning potential jurors screen fixed opinions guilt innocence nebraska press assn stuart emphasis added accord brennan concurring judgment anything less renders defendant right impartial jury meaningless see ham carolina supra marshall concurring part dissenting part recognized reservation opportunity prove actual bias guarantee defendant right impartial jury dennis fact defendant bears burden establishing juror partiality see wainwright witt irvin dowd supra makes imperative defendant entitled meaningful examination jury selection order elicit potential biases possessed prospective jurors view prospective juror admits exposure pretrial publicity content questioning must part voir dire least three reasons first content questioning necessary determine whether type extent publicity prospective juror exposed disqualify juror matter law cases recognize certain circumstances exposure particularly inflammatory publicity creates strong presumption prejudice jurors claims impartial believed patton yount supra see murphy florida instance irvin dowd supra concluded capital defendant constitutionally entitled change venue one exposed inflammatory media descriptions crime confession possibly fairly judged case publicity saturated community defendant trial see similarly rideau louisiana presumed community prejudice mandating change venue petitioner filmed confession obtained police interrogation broadcast local television three consecutive days see individual exposed publicity qualitatively akin publicity issue irvin rideau necessarily disqualified jury service matter earnestly professes impartiality unless trial asks prospective juror exactly read heard case able determine whether juror comes within class cf murphy florida supra performing careful analysis content pretrial publicity jurors exposed rejecting impartiality challenge sheppard maxwell observing jurors exposed prejudicial publicity trial criticizing trial failure ask jurors whether read heard specific prejudicial comment case second even pretrial publicity extreme make juror exposure per se disqualifying content questioning still essential give legal depth trial finding impartiality one reasons juror may unaware bias smith phillips concurring issue impartiality mixed question law fact see irvin dowd resolution necessarily draws upon trial legal expertise case trial asks prospective juror merely whether impartial may well get answer product juror confusion impartiality asking prospective juror addition identify read heard case corresponding impressions formed trial able confirm impartiality juror professes impartiality sixth amendment demands third content questioning facilitates accurate trial factfinding recognized impartiality determination essentially one credibility patton yount prospective juror acknowledges exposure pretrial publicity precise content publicity constitutes contextual information essential accurate assessment whether prospective juror profession impartiality believable trial declines develop background finding impartiality simply merit appellate deference view circumstances case presented clear need content questioning exactly persons jury admitted exposed information case trial shown see supra stories printed prior trial extraordinarily prejudicial made less inflammatory headlines typically used introduce much pretrial publicity type long thought uniquely destructive juror ability maintain open mind case particular reports confession see nebraska press assn stuart brennan concurring judgment rideau louisiana supra irvin dowd supra statements prominent public officials attesting guilt see nebraska press assn stuart supra brennan concurring judgment sheppard maxwell supra reports unsavory past see irvin dowd supra profoundly prejudicial nature published newspapers prior trial juror exposed bulk certainly disqualified matter law standards set irvin rideau indeed single story headlined murderer confesses killing woman app alternatively story headlined accused killer says stabbed dale city woman argument opinion destructive effect upon impartiality anyone read filmed confession rideau upon members community broadcast minimum without inquiry stories read eight members jury acknowledged exposure pretrial publicity trial position credit individual professions impartiality according justice trial obliged pose content questions trial judge familiar potentially prejudicial publicity jurors might exposed ante concurring opinion find observation perplexing judge awareness contents extraordinarily prejudicial stories written substitute knowledge whether prospective jurors aware content stories explained judge ignorance jurors exposure particular stories renders findings juror impartiality unworthy appellate deference indeed least two stories rendered person read per se unqualified sit jury trial judge awareness stories makes even inexcusable willingness seat jurors without first ascertaining read case answer protest justice trial repeatedly asked prospective jurors whether thought fair ibid prospective juror admits exposure pretrial publicity juror assertion impartiality insufficient establish impartiality constitutional purposes see juror assertion impartiality becomes sufficient merely repetition finally reject majority claim content questioning rejected unduly burden trial courts see ante sixty years ago chief justice hughes rejected similar contention argument advanced behalf government detrimental administration law courts allow questions jurors racial religious prejudices think far injurious permit thought persons entertaining disqualifying prejudice allowed serve jurors inquiries designed elicit fact disqualification barred surer way devised bring processes justice disrepute aldridge case majority solicitude administrative convenience wholly gratuitous numerous federal circuits adopted sorts procedures screening juror bias majority disparages excessively intrusive see addonizio content questioning sequestered voir dire cert denied davis content questioning silverthorne content questioning rule crim proc subd sequestered voir dire state pokini haw content questioning state goodson la content questioning sequestered voir dire state claybrook sequestered voir dire state herman sequestered voir dire state finley sequestered voir dire see also colabella recommending sequestered voir dire cases involving prejudicial pretrial publicity harris cert denied sub nom clay american bar association standards criminal justice ed judicial conference revised report judicial conference committee operation jury system free press fair trial issue additionally two guarantee criminal defendants sequestered voir dire matter right capital cases see rule crim proc crim proc art vernon short majority anxiety difficult credit light number jurisdictions concluded meaningful steps taken insulate proceedings juror bias without compromising judicial efficiency iii given pervasiveness modern communications difficulty effacing prejudicial publicity minds jurors trial courts must take strong measures ensure balance never weighed accused sheppard maxwell reason simple compelling system justice jury may strip man liberty life irvin dowd iv even believe procedures employed jury selection satisfied requirements sixth amendment still vacate death sentence adhere view death penalty circumstances cruel unusual punishment prohibited eighth fourteenth amendments gregg georgia marshall dissenting due process clause likewise guarantees criminal defendant right impartial jury see ristaino ross recognized types extrajudicial influences also automatically require juror disqualification see turner louisiana jurors placed custody deputy sheriffs key prosecution witnesses presumed incapable rendering impartial verdict leonard per curiam prospective jurors heard trial announce defendant guilty verdict first trial presumed incapable rendering impartial verdict second trial similar charges majority suggests content questions necessary community saturated wave public passion irvin see ante majority argument misses point irvin case stands proposition community subject unrelenting prejudicial pretrial publicity entire community presumed exposed publicity prejudiced entitling defendant change venue see irvin dowd case however argue pretrial publicity extensive enough create presumption community prejudice rather argues publicity prejudicial enough create presumption prejudice part individual juror actually read questioning one prospective juror murder bank robbery trial susan saxe provides particularly dramatic example phenomenon initially queried juror admitted read case insisted impartial following colloquy ensued said read defendant done mean well know done know know done see guilty innocent go whole trial ca read something paper say girl guilty know understand well sure sure mean say know done well know girl went held bank policeman shot justice claims patton yount squarely foreclose argument juror may disqualified matter law exposed prejudicial pretrial publicity ante concurring opinion misreads patton far rejecting principle patton expressly recognized teaching irvin dowd juror exposure prejudicial pretrial publicity may create great presumption juror prejudice jurors claims impartial believed patton merely found publicity case character justify finding presumed prejudice see today opinion addresses extent constitution requires content questioning cases involving pretrial publicity majority acknowledges federal circuits mandated content questioning pretrial publicity cases done exercise supervisory powers matter constitutional law see ante consequently nothing today opinion read overturning use content questioning circuits today decision prevent federal circuits following suit justice kennedy dissenting confident case fall latter category majority demonstrates differences case us cases like irvin inquiry view directed question actual impartiality seated jurors related question whether trial judge conducted adequate examination eight jurors acknowledged exposure press accounts trial deciding whether seat individual juror issue whether juror lay aside opinion formed result pretrial publicity render verdict based evidence presented irvin dowd supra required jurors totally ignorant facts issues involved days swift widespread diverse methods communication important case expected arouse interest public vicinity scarcely best qualified serve jurors formed impression opinion merits case respect submit justice marshall dissent misreads precedents failing note distinction two quite different questions addressed appears conflate two categories cases suggests individual exposed publicity qualitatively akin publicity issue irvin rideau necessarily disqualified jury service matter earnestly professes impartiality ante justice marshall wrote earlier occasion cases like irvin rideau made stand proposition juror exposure information state defendant prior convictions news accounts crime charged alone presumptively deprives defendant due process murphy florida supra age national press capacity saturate news information given trial dubious proposed rule juror must disqualified per se exposure certain level publicity without added pressure huge wave public passion irvin dowd supra rule adopted suspects many celebrated cases might able claim virtual immunity trial unlike majority however alignment concerns expressed justice marshall colleagues dissent find voir dire case inadequate informed ruling jurors qualified sit view juror acknowledgement exposure pretrial publicity initiates duty assess individual juror ability impartial patton yount supra determined federal habeas review statutory presumption correctness attach state determination particular juror impartial found good reasons apply statutory presumption correctness trial resolution questions determination made extended voir dire proceeding designed specifically identify biased veniremen determination essentially one credibility therefore largely one demeanor willingness accord substantial deference trial finding juror impartiality rests expectation trial conduct sufficient voir dire determine credibility juror professing impartial single way voir dire juror limit trial judge wide discretion determine appropriate form content voir dire questioning little interaction may required make individual determination juror willingness ability set aside preconceived ideas evidence case guilt innocence defendant trial judge might choose ask content publicity juror encountered knowledge help deciding whether juror claim impartiality accepted judge also evaluate impartiality explaining trial processes asking general questions juror commitment follow law trial instructions instance questions trial judge asked case suffice asked individual jurors received meaningful responses correct asking content questions front jurors may harm good agree justice need content questioning disappears trial judge evaluating juror impartiality assumes hypothesis jurors read seen pretrial publicity difficulty voir dire case expressed dissenting justices virginia questions case deficient prospective jurors simply remain silent implied indication lack bias prejudice gave trial effective opportunity assess demeanor prospective juror disclaiming bias whiting dissenting submit respectful dissent