DUE PROCESS DENIAL NOT PRESUMED WHEN KNOWLEDGE OF PAST MISDEEDS IS POSSESSED BY THE JURY - 'TOTALITY OF CIRCUMSTANCES' TEST WILL BE USED TO DETERMINE FAIRNESS OF TRIAL - MURPHY V FLORIDA

• NCJ Number: 31662
• Journal: American Criminal Law Review Volume: 13 Issue: 2 Dated: (FALL 1975) Pages: 285-298
• Author(s): J D GOLDSMITH
• Date Published: 1975
• Length: 14 pages
• Corporate Author: American Bar Association
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE SUPREME COURT HELD THAT MERE JUROR KNOWLEDGE OF A DEFENDANT'S CRIMINAL PAST WOULD NOT GIVE RISE TO A PRESUMPTION OF A DENIAL OF DUE PROCESS: THE 'TOTALITY OF CIRCUMSTANCES TEST' IS DESCRIBED.

Abstract

PREJUDICE WILL BE PRESUMED IF THE FACUTAL SITUATION IS SUFFICIENTLY EGREGIOUS SO THAT THE DEFENDANT IS NOT AFFORDED THE 'SOLEMNITY AND SOBRIETY TO WHICH HE IS ENTITLED IN A SYSTEM THAT SUBSCRIBES TO ANY NOTION OF FAIRNESS AND REJECTS THE VERDICT OF THE MOB.' HOWEVER, IF A FACTUAL SITUATION IS NOT SUFFICIENTLY EGREGIOUS TO GIVE RISE TO A PRESUMPTION OF PREJUDICE, THE TOTALITY OF THE CIRCUMSTANCES WILL BE EXAMINED TO DETERMINE WHETHER OR NOT A PETITIONER HAS RECEIVED A FUNDAMENTALLY FAIR TRIAL BY A PANEL OF IMPARTIAL JURORS. IN THIS CASE, THE PRESUMPTION OF DENIAL OF DUE PROCESS IS DETERMINED BY VOIR DIRE TESTIMONY, VOIR DIRE STATISTICS, AND THE COMMUNITY ATMOSPHERE AS REFLECTED IN THE NEWS MEDIA.