Constitutional Law - Standards for Public and Press to Attend Pretrial Proceedings

• NCJ Number: 101556
• Journal: Washburn Law Journal Volume: 23 Issue: 3 Dated: (Spring 1984) Pages: 675-696
• Author(s): J T Banta
• Date Published: 1984
• Length: 24 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America

Annotation

In State v. Williams (1983), the New Jersey Supreme Court ruled that the public and press will have access to all pretrial criminal proceedings, except when the trial court determines that an open proceeding will deprive the defendant of a fair trial.

Abstract

The court adopted minimum standards to guide trial courts in the closure of pretrial criminal proceedings. The standards require that the defendant apply for closure, and the trial court must consider all alternatives to closure. Before closing a pretrial proceeding, the trial court must be clearly satisfied there is a realistic likelihood that an open proceeding would prejudice the defendant's right to a fair trial. The court must put its findings and conclusions on the record. The court minority argued that the test subjugates the defendant's right to a fair trial to the media's interest in a news story. The minority held that the majority's standard exceeds the burden of proof set by the U.S. Supreme Court in 'Gannett' of 'reasonable probability' that adverse publicity requires closure. 70 footnotes.