FREE PRESS-FAIR TRIAL CONTROVERSY - USING EMPIRICAL ANALYSIS TO STRIKE A DESIRABLE BALANCE

• NCJ Number: 38542
• Journal: Saint Louis University Law Journal Volume: 20 Issue: 4 Dated: (1976) Pages: 646-653
• Author(s): S NAGEL; K REINBOLT; T EIMERMANN
• Date Published: 1976
• Length: 8 pages
• Corporate Author: St Louis University School of Law
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

ANALYSIS OF EMPIRICAL DATA ON THE NATURE OF THE FREE PRESS-FAIR TRIAL BALANCE PRESENT IN VARIOUS COMMUNITIES AND THE DEGREE OF SATISFACTION REGARDING THAT BALANCE EXPRESSED BY VARIOUS GROUPS WITHIN THE COMMUNITIES.

Abstract

STUDY DATA WAS BASED ON RESPONSES TO A 1970 NATIONAL SURVEY OF 600 NEWSPAPER EDITORS, POLICE CHIEFS, PROSECUTING ATTORNEYS, AND DEFENSE ATTORNEYS FROM 166 CITIES ACROSS THE COUNTRY. EACH RESPONDENT WAS IN EFFECT ASKED HOW MUCH POTENTIALLY DAMAGING TRIAL RELATED INFORMATION WAS PUBLISHED BY THE NEWSPAPERS IN HIS OR HER CITY. THUS, A FREE PRESS SCALE (A MEASURE OF THE FREEDOM OF THE MEDIA TO REPORT ON POTENTIALLY DAMAGING PRETRIAL MATTERS) AND A FAIR TRIAL SCALE (A MEASURE OF THE FREEDOM OF CRIMINAL TRIALS FROM DAMAGING PRESS PUBLICITY) WAS ESTABLISHED FOR EACH CITY. EACH RESPONDENT WAS ALSO ASKED HOW FAR HE THOUGHT THE NEWSPAPERS IN HIS CITY OUGHT TO GO IN PUBLISHING INFORMATION ON POTENTIALLY DAMAGING PRETRIAL MATTERS. USING LINEAR REGRESSION ANALYSIS, IT WAS FOUND THAT AS FREE PRESS GOES UP ONE PERCENTAGE POINT, SATISFACTION TENDS TO GO UP THREE TENTHS OF A POINT, AND THAT AS FAIR TRIAL GOES UP ONE PERCENTAGE POINT, SATISFACTION ENDS TO GO DOWN THREE TENTHS OF A POINT. THE OPTIMUM MIX OR BALANCE OF FREE PRESS AT THE 65 PERCENT LEVEL AND A FAIR TRIAL AT THE 35 PERCENT LEVEL WAS ESTABLISHED.