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(USGovernment-News.Com, June 10, 2013 ) Los Angeles, CA -- Publicity in the “Whitey” Bulger case is now fully saturated by the public, as news coverage was intensive and widespread regarding the situation. The 24/7 coverage on cable news, and consistent online chatter reached just about everyone.
“Prejudicial” facts about the specific case now appear in a common place and that fact can actually prove difficult when it comes to creating a trial. Those who are at all in knowing about the case can look directly into the facts of the case (or people who purported facts) on endless blogs and countless news articles.
Forty years ago, the Supreme Court of the United states decided that a change of venue was sometimes necessary for large cases. For the highest profile cases, more intensive questioning of jurors was tolerated. While the concept is not a universal one by any means, many courts recognize that quality vetting of jurors is highly important in such important cases like the “Whitey Ford” case.
Do handle more stringent vetting of jurors, lawyers can often use open-ended questions, or at least avoided 'closed' questions that cause a simple yes/no answer to be returned.
For instance, “Have you heard of the defendant in question?” provides only a yes or no possibility up front. The juror would have to willingly divulge more beyond the yes or no response. Conversely, a question “How well do you know the name 'Whitey' Bulger?” will force the prospective juror to give more information, and help the lawyer to measure the possible trustworthiness and knowledge.
Questioning jurors also has to be done in a one-on-one setting for such high-level cases. Questioning in groups can allow individuals to essentially hid in the crowd, and avoid direct confrontation. By being able to hide in a group, a juror can find a way onto the juror, even with ulterior motives.
On a case like Bulger's, however, the whole situation becomes a logistical nightmare. Where can one go within the United States without finding people who know of the case intimately? The sheer number of articles and online sources that speak of the many factors of the story create an almost impossible attempt for an impartial jury.
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