NCJ Number
4963
Date Published
1968
Length
267 pages
Annotation
GUIDELINES FOR THE RELEASE OF INFORMATION TO NEWS MEDIA BY POLICE, PROSECUTORS AND DEFENSE ATTORNEYS.
Abstract
THE AMERICAN BAR ASSOCIATION ADVISORY COMMITTEE WAS CHARGED WITH CONSIDERING THE IMPACT OF NEWS REPORTING ON THE ADMINISTRATION OF CRIMINAL JUSTICE AND WITH SEEKING METHODS OF PRESERVING AND STRENGTHENING THE RIGHT TO A FAIR TRIAL WITHOUT ABRIDGING FREEDOM OF SPEECH AND OF THE PRESS. TO ACHIEVE THIS GOAL, LIMITATIONS ARE PROPOSED ON THE RELEASE OF INFORMATION TO THE NEWS MEDIA BY MEMBERS OF THE BAR, JUDICIAL EMPLOYEES, AND LAW ENFORCEMENT OFFICERS. SPECIFIC RESTRICTIONS ARE RECOMMENDED TO PROHIBIT THE RELEASE OF STATEMENTS ON THE PRIOR CRIMINAL RECORD OF THE ACCUSED, ANY CONFESSIONS BY HIM, THE PERFORMANCE OF ANY EXAMINATIONS ON HIM, THE IDENTITY, TESTIMONY OR CREDIBILITY OF WITNESSES, THE POSSIBILITY OF A GUILTY PLEA, OR OPINIONS ON THE DEFENDANT'S GUILT OR INNOCENCE. TWO FORMS OF SANCTION ARE SUGGESTED AS APPROPRIATEPROFESSIONAL DISCIPLINE AND CONTEMPT OF COURT. STANDARDS ON THE CONDUCT OF JUDICIAL PROCEEDINGS REQUIRE THE CAREFUL SCREENING OF JURORS IN CASES IN WHICH QUESTIONS OF POSSIBLE PREJUDICE ARE RAISED, AND RECOMMEND THAT DEFENDANTS BE PROVIDED WITH REMEDIES SUCH AS CONTINUANCE, CHANGE OF VENUE, WAIVER OF JURY, AND CLOSED PRETRIAL OR PRELIMINARY HEARINGS. THE LIMITED USE OF THE CONTEMPT POWER IS ADVOCATED FOR DEALING WITH MEMBERS OF THE NEWS MEDIA WHO DISSEMINATE POTENTIALLY PREJUDICIAL MATERIAL DURING THE COURSE OF A TRIAL. SNI ABSTRACT