![]() This is a broad area because due process includes many different rights and requires the government to respect the legal rights that the defendant is owed. The right to due process prevents the government from arbitrarily infringing on an individual's rights without some type of formal procedure. While a media presence in courtrooms can threaten judicial fairness in general, it can have an especially troublesome impact on securing a jury who doesn't have a bias or prejudice against a defendant shaped by media reporting. The connection between media and the judicial system can also factor into a jury's impartiality. However, because of the tradition and reliability of having a jury of twelve, it certainly contributes to the appearance of fairness in a criminal trial. Part of the "impartiality" of jurors has also been tied to having twelve jurors, although the Supreme Court suggests that this specific number is a "historical accident" and less of a strict requirement. Generally, it refers to jurors not having a stake in the outcome of the case and not approaching the case with any bias against the defendant. The specific meaning of "impartial jury" isn't defined in the Constitution rather, it was established via tradition and case law and has evolved over time. When any of these rights are violated, it can lead to the determination that a trial was unfair and can result in the reversal of a verdict or the granting of a new trial.Ī criminal defendant is entitled to have a trial with an impartial jury of their peers. ![]()
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