NCJ Number
20066
Journal
Revue internationale de criminologie et de police technique Volume: 26 Issue: 1 Dated: (JANUARY-DECEMBER 1973) Pages: 57-64
Date Published
1973
Length
8 pages
Annotation
THIS ARTICLE DISCUSSES THE ISSUE OF FAIR TRIAL-FREE PRESS IN WESTERN EUROPE AND HOW IT IS HANDLED AND PROPOSES THE USE OF A 'GOOD FAITH' AGREEMENT BETWEEN THE PRESS AND THE COURTS TO DEAL WITH THIS PROBLEM.
Abstract
THE POTENTIAL CONFLICTS BETWEEN SENSATIONALIST REPORTING PRACTICES AND INFORMATION NEEDS ON THE ONE HAND, AND THE NEED TO PREVENT HARASSMENT OF WITNESSES AND UNDUE INTERFERENCE WITH CRIMINAL INVESTIGATIONS, JUDICIAL IMPARTIALITY, AND RIGHTS OF PRIVACY ARE EXAMINED. NOTING THAT THE UNITED STATES CONCEPT OF 'CONTEMPT OF COURT' IS NOT OPERATIVE ON THE CONTINENT, AND THAT IT IS ONLY PARTIALLY REPLACED PROVISIONS OF THE LEGAL CODES OF THE VARIOUS COUNTRIES, THE AUTHOR PROPOSES A SELF-ENFORCED CODE OF ETHICAL CONDUCT FOR THE PRESS. UNDER THIS CODE, THE PRESS WOULD AGREE TO LIMIT ITS ACTIVITIES (ESPECIALLY PARALLEL INVESTIGATIONS AND SENSATIONALISTIC REPORTING) IN RELATION TO THE REPORTING OF THE CRIMINAL INVESTIGATION AND THE PRELIMINARY HEARING (WHICH WOULD BE CARRIED OUT IN CLOSED SESSION), WHILE THE ACTUAL TRIAL AND HANDING DOWN OF THE VERDICT WOULD BE CONDUCTED IN OPEN COURT. THE AUTHOR CONCLUDES WITH A CALL FOR A CONSTRUCTIVE DIALOGUE BETWEEN THE JUDICIARY AND THE PRESS IN RECOGNITION THAT THE CRIMINAL JUSTICE SYSTEM IS INCREASINGLY IN NEED OF COMMUNITY UNDERSTANDING AND SUPPORT. --IN FRENCH