Trial Publicity: Which statement is permitted under Rule 3.6 in a criminal matter?

Trial Publicity: Which statement is permitted under Rule 3.6 in a criminal matter?

• A. The identity, residence, occupation and family status of the accused.
• B. The accused's prior criminal history.
• C. The specifics of the investigation's techniques.
• D. The lead prosecutor's personal opinions about the case.

Answer: (A)

Rule 3.6 limits lawyers from making extrajudicial statements likely to influence the outcome of a criminal case, but it Carves out a narrow, non-controversial exception for basic biographical information. The identity, residence, occupation, and family status of the accused fits that exception because it identifies who the person is without sharing evidence, trial tactics, or opinions that could sway the jury. In contrast, discussing the accused’s prior criminal history risks prejudice, revealing investigative techniques could undermine the case, and the prosecutor’s personal opinions express bias, all of which are not permitted.

Rule 3.6 limits lawyers from making extrajudicial statements likely to influence the outcome of a criminal case, but it Carves out a narrow, non-controversial exception for basic biographical information. The identity, residence, occupation, and family status of the accused fits that exception because it identifies who the person is without sharing evidence, trial tactics, or opinions that could sway the jury. In contrast, discussing the accused’s prior criminal history risks prejudice, revealing investigative techniques could undermine the case, and the prosecutor’s personal opinions express bias, all of which are not permitted.