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Abstract

The impact of the modern media on jury impartiality has never been more prevalent than today. Whether in criminal or civil trials, courts are faced with adjudicating cases with constant media coverage. This is especially concerning when these issues gain nationwide coverage thus leaving very few people without some sort of preconceived notion or opinion on the case. Courts today are now faced with jury pools that come in with “knowledge” and preconceived opinions before any client has had a chance to make their case. Thus, it is not surprising that the defendant in the Kobe Bryant wrongful death suit was concerned about his ability to have an “impartial jury” in Los Angeles County. This defendant’s concerns spanned beyond the reach of Los Angeles. This situation not only illustrated the concerns of juror impartiality on a local level, but also begged the question of what a defendant is supposed to do when there is no venue that would be able to give them an “impartial jury.” Courts must now make the difficult choice to settle for potentially tainted jurors and comprise one’s right to an impartial jury, or take the proactive steps required to protect those who face widespread media attention.

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