FAIR TRIAL AND FREE PRESS - AN OPPORTUNITY FOR COEXISTENCE

• NCJ Number: 41563
• Journal: Stanford Law Review Volume: 29 Issue: 3 Dated: (FEBRUARY 1977) Pages: 561-574
• Author(s): R P ISAACSON
• Date Published: 1977
• Length: 14 pages
• Corporate Author: Stanford University
• Publication Format: Article
• Language: English
• Country: United States of America
• Note: REPRINT

Annotation

THE REVIEWER CONTENDS THAT ONLY IN CONJUNCTION WITH THE MORE EFFECTIVE AMERICAN BAR ASSOCIATION STANDARDS WILL THE DEVICES IN CASE LAW PRECEDENTS ADEQUATELY PROTECT THE RIGHT TO A FAIR TRIAL FROM PRETRIAL PUBLICITY.

Abstract

THE SUPREME COURT DID NOT SPECIFY ADEQUATE PROCEDURES THAT A JURISDICTION SHOULD TAKE TO INSURE A TRIAL FREE FROM PREJUDICIAL PUBLICITY. ALTHOUGH THE COURT'S OPINION IN NEBRASKA PRESS ASSOCIATION V STUART (1976) STRUCK DOWN A JUDICIAL GAG ORDER AND REFERRED TO PROTECTIVE DEVICES OUTLINED IN SHEPPARD V MAXWELL (1966) WHERE A CONVICTION WAS OVERTURNED BECAUSE OF PRETRIAL PUBLICITY AND TO THE AMERICAN BAR ASSOCIATION'S 'STANDARDS FOR CRIMINAL JUSTICE, FAIR TRIAL, AND FREE PRESS', THE COURT EMPHASIZED ONLY A FEW MEASURES FOR AVOIDING PREJUDICIAL PUBLICITY....TWH