context: The trial judge's inquiry failed to ask directly whether prospective jurors had been exposed to pretrial publicity; instead, the judge conflated that question with the broader inquiry whether, notwithstanding their presumed exposure to such publicity, they could render a verdict based solely on the evidence adduced at trial. Not only does such questioning confuse the two lines of inquiry, but it allows jurors to assess their own impartiality before the court even has determined the extent of their exposure to the media. Indeed, this latter flaw alone can rise to the level of reversible error in cases where extreme pretrial publicity has inflamed the local community against the defendants.
citation_a.signal: see also
citation_a.identifier: 583 F.2d 190, 197
citation_a.parenthetical: "The juror is poorly placed to make a determination as to his own impartiality."
citation_a.sentence: See Patton v. Yount, 467 U.S. 1025, 1031, 104 S.Ct. 2885, 2888, 81 L.Ed.2d 847 (1984) (“[Ajdverse pretrial publicity can create such a presumption of prejudice in a community that the jurors’ claims that they can be impartial should not be believed.”); see also United States v. Davis, 583 F.2d 190, 197 (5th Cir.1978) (“The juror is poorly placed to make a determination as to his own impartiality.”); Silverthorne v. United States, 400 F.2d 627, 639 (9th Cir.1968) (“[Wjhether a juror can render a verdict based solely on evidence adduced in the courtroom should not be adjudged on that juror’s own assessment of self-righteousness without something more.”) (emphasis omitted).
citation_b.signal: see
citation_b.parenthetical: "[Ajdverse pretrial publicity can create such a presumption of prejudice in a community that the jurors' claims that they can be impartial should not be believed."
citation_b.sentence: See Patton v. Yount, 467 U.S. 1025, 1031, 104 S.Ct. 2885, 2888, 81 L.Ed.2d 847 (1984) (“[Ajdverse pretrial publicity can create such a presumption of prejudice in a community that the jurors’ claims that they can be impartial should not be believed.”); see also United States v. Davis, 583 F.2d 190, 197 (5th Cir.1978) (“The juror is poorly placed to make a determination as to his own impartiality.”); Silverthorne v. United States, 400 F.2d 627, 639 (9th Cir.1968) (“[Wjhether a juror can render a verdict based solely on evidence adduced in the courtroom should not be adjudged on that juror’s own assessment of self-righteousness without something more.”) (emphasis omitted).