NCJ Number
104327
Journal
Michigan Law Review Volume: 84 Issue: 3 Dated: (December 1985) Pages: 475-516
Date Published
1985
Length
42 pages
Annotation
This note analyzes the conflicting interests involved in the televising of State criminal trials and proposes model guidelines for States that permit the televising of trials.
Abstract
U.S. Supreme Court decisions on cameras in the courtroom hold that broadcasters do not have a first or sixth amendment right to televise criminal trials. The Court has also ruled that States may permit cameras in their courtrooms only if the defendant's rights to due process and a fair trial are protected. In promulgating guidelines for using cameras in their criminal justice systems, States should consider policies for the assurance of untainted trials and the protection of privacy. Properly restricted television coverage of trials can educate the public about the judicial system, aid in the public oversight of the judiciary, increase the public's sense that justice is being done, and improve media coverage of the criminal justice system. Major areas differentiating State guidelines for televised trials are consent by the involved parties, limitations on televising the jury, limitations on televising highly sensitive trials, procedural safeguards, limitations on reporting, and technical rules. A uniform set of rules for cameras in State criminal trials would help ensure fairness, promote judicial efficiency, and benefit broadcasters with interstate operations. Proposed model guidelines are appended. 223 footnotes.