NCJ Number
57704
Date Published
1977
Length
160 pages
Annotation
FOCUSNG ON THE COURTS AND THE MEDIA, THIS BOOKS EXAMINES HOW THE TWO CAN WORK TOGETHER TO ACHIEVE AN EQUITABLE BALANCE BETWEEN THE RIGHTS OF A FREE PRESS AND A DEFENDANT'S RIGHT TO A FAIR TRIAL.
Abstract
SINCE JUDGES HAVE THE PRIMARY RESPONSIBILITY IN STRIKING A BALANCE BETWEEN FIRST AMENDMENT RIGHTS OF A FREE PRESS AND SIXTH AMENDMENT RIGHTS TO A FAIR TRIAL, THEY MUST BE FULLY AWARE OF THE CONSEQUENCES OF THEIR ACTIONS BOTH IN TERMS OF THEIR LEGALITY AND SOCIETAL IMPACT. DECISIONS IN THIS AREA SHOULD ONLY PROCEED FROM AN UNDERSTANDING OF THE REPSECTIVE ROLES OF THE COURT SYSTEM AND THE MEDIA. SUCH UNDERSTANDING IS MORE DIFFICULT THAN IS COMMONLY ASSUMED. WHILE MANY JUDGES ACKNOWLEDGE THAT THEIR PRIMARY RESPONSIBILITY IS TO ENSURE FAIR AND CALM TRIALS, THEY DO NOT OFTEN CONSIDER HOW SUCH CONDITIONS CAN BE ACHIEVED. IN ADDITION, JUDGES OFTEN DO NOT UNDERSTAND NEWS MEDIA PROBLEMS. SURVEYING SUCH PROBLEMS, THIS BOOK PROVIDES WAYS IN WHICH JUDGES CAN MEET THE NEEDS OF THE NEWS MEDIA BY ESTABLISHING A PERSONAL RELATIONSHIP WITH THE MEDIA, EDUCATING THE MEDIA ON JUDICIAL PROCEDURE, COMMUNICATING JUDICIAL RULINGS TO THE MEDIA, USING PUBLIC INFORMATION OFFICERS, AND TAKING INTO ACCOUNT THE PHYSICAL REQUIREMENTS OF THE MEDIA. DIALOGUE BETWEEN THE COURTS AND THE MEDIA IS ESSENTIAL IN PROMOTING UNDERSTANDING, DEVELOPING GUIDELINES, AND RESOLVING PROBLEMS. SPECIFIC COURT CASES WHICH HAVE BEEN USED TO DEVELOP JUDICIAL GUIDELINES IN BALANCING THE RIGHTS OF THE PRESS AND OF DEFENDANTS, ARE EXAMINED. PARTICULAR METHODS, RANGING FROM COURT AND MEDIA AGREEMENTS TO THE EXCLUSION OF THE MEDIA ARE EXAMINED. APPENDIXES PROVIDE GUIDELINES FOR JUDGES AND THE MEDIA, EXAMPLES OF MEASURES TO ENSURE A FAIR TRIAL, AND A STUDY OF THE IMPACT OF PRETRIAL PUBLICITY ON JURORS' VERDICTS. REFERENCES, ILLUSTRATIONS, AND GRAPHS ARE INCLUDED. (KCP)