Rights of Fair Trial and Free Press - The American Bar Association Standards - An Information Manual for the Bar, News Media, Law Enforcement Officials and Courts

• NCJ Number: 81308
• Author(s): L Andrews
• Date Published: 1981
• Length: 70 pages
• Corporate Author: American Bar Assoc
• Sale Source: American Bar Association; National Institute of Justice/
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This booklet explains the history of the issues involved in fair trial and free press and the American Bar Association's (ABA's) role in defining guidelines and procedures to accommodate conflicting rights.

Abstract

There have been dozens of court cases generating extensive press interest, such as the Sam Sheppard case, the Charles Manson 'family' murders, and the Chicago Seven trial. The potential for prejudicing the decisions in such cases depends on the timing, the extent, and the nature of the media coverage. Those groups adopting standards governing press coverage of criminal cases have recognized that although media coverage may cause prejudice, the press check on the judicial process is an important one for securing fair proceedings. The 'Standards Relating to Fair Trial and Free Press,' adopted by the ABA in 1968, aimed to prevent the publication of prejudicial information without unduly burdening freedom of the press. These standards prevented judicial personnel from releasing information that could improperly influence the outcome of a trial, but they did not prevent the news media from publishing information once they had obtained it. They also detailed certain types of information which could not be released under any circumstances, such as the prior criminal record of the defendant. New standards, adopted by the ABA in 1978, allow the free communication of a wider range of material by judicial personnel. Information is generally releasable unless it would pose 'a clear and present danger to the fairness of the trial.' Supreme Court cases regarding press coverage of the judicial process are discussed to illuminate the constitutional principles that influenced the drafting of the standards. The coverage and limitations of the standards are detailed, and other official guidelines regarding free press/fair trial concerns are mentioned. Steps to implement the ABA Standards are recommended. Both the ABA Standards and the Judicial Conference Standards are appended.