NCJ Number
52067
Journal
University of Miami Law Review Volume: 32 Issue: 4 Dated: (SEPTEMBER 1978) Pages: 815-838
Date Published
1978
Length
23 pages
Annotation
A DEFENDANT'S RIGHT TO A FAIR AND PUBLIC TRIAL, FIRST AMENDMENT RIGHTS OF THE MEDIA, AND THE NECESSITY OF MAINTAINING AN IMPARTIAL COURTROOM ATMOSPHERE ARE ALL DISCUSSED IN THIS REVIEW OF CAMERAS IN STATE COURTROOMS.
Abstract
THE CLIMATE OF ACTIVE CITIZEN INTEREST IN PUBLIC AFFAIRS SURROUNDING THE INITIATION OF FLORIDA'S 1-YEAR EXPERIMENT WITH CAMERAS IN STATE COURTROOMS IS REVIEWED. AS A RESULT OF EFFORTS BY THE POST-NEWSWEEK STATIONS OF FLORIDA, IN 1977 THE SUPREME COURT OF FLORIDA DECIDED TO ALLOW THE MEDIA TO TELEVISE OR PHOTOGRAPH ANY STATE JUDICIAL PROCEDURE--CRIMINAL, CIVIL, OR APPELLATE--SUBJECT ONLY TO STANDARDS REGULATING PHYSICAL PRESENCE IN THE COURTROOM AND REASONABLE DIRECTIONS OF THE PRESIDING JUDGE. THE REGULATIONS ESTABLISHED BY THE COURT FOR THE CONDUCT OF THIS EXPERIMENT ARE REVIEWED. THE PILOT PROGRAM IS EXAMINED IN LIGHT OF THE U.S. SUPREME COURT DECISION IN THE CASE OF ESTES V. TEXAS (1965), WHICH NARROWLY DECIDED THAT ESTES HAD BEEN DENIED A FAIR TRIAL DUE TO THE OVERWHELMING PRESENCE OF TELEVISION EQUIPMENT IN THE COURTROOM. THE FOUR ISSUES RAISED IN THIS CASE WERE: THE CORRUPTION OF JUROR IMPARTIALITY, IMPAIRMENT OF EQUALITY OF TESTIMONY, BURDENSOME ADDITIONS TO JUDICIAL RESPONSIBILITIES, AND HARASSMENT OF THE DEFENDANT DUE TO MEDIA INTERFERENCE WITH CONSTITUTIONAL RIGHTS. IT IS POINTED OUT THAT NEW, SMALLER TELEVISION CAMERAS NOW MAKE MANY OF THE OBJECTIONS RAISED DURING THE ESTES CASE INVALID. THE ISSUE CONCERNS THE DEFENDANT'S RIGHT TO A FAIR TRIAL AND THE FIRST AMENDMENT RIGHTS OF THE MEDIA. A POSTSCRIPT POINTS OUT THAT REVIEW OF THE FLORIDA EXPERIMENT BEGAN IN JULY 1978. APPLICABLE STATE AND FEDERAL JUDICIAL DECISIONS ARE CITED. THE ARTICLE CONTAINS MANY FOOTNOTES. (GLR)