NCJ Number
59114
Journal
American Criminal Law Review Volume: 16 Issue: 4 Dated: (SPRING 1979) Pages: 497-502
Date Published
1979
Length
6 pages
Annotation
A REPORTER'S ANALYSIS IS PRESENTED OF WHAT SHE PERCEIVES TO BE THE PREVAILING ATTITUDE AMONG MEMBERS OF THE PRESS CONCERNING THEIR RESPONSIBILITY FOR REPORTING EVENTS WITHIN THE JUDICIAL SYSTEM.
Abstract
ALTHOUGH THE U.S. SUPREME COURT IN NEBRASKA PRESS ASSOCIATION V. STUART (1976) REVERSED THE IMPOSITION OF A GAG ORDER ON THE PRESS, THE HIGH COURT DID SUGGEST THAT PRETRIAL HEARINGS COULD BE CLOSED TO THE PRESS. THE COURT APPARENTLY HAS TRIED TO BALANCE THE FIRST AND SIXTH AMENDMENT PROVISIONS, AND MAY HAVE TRADED DENIAL OF ACCESS BY THE PRESS AND PUBLIC IN EXCHANGE FOR THE PROHIBITION ON PRIOR RESTRAINTS SUCH AS GAG ORDERS. SEVERAL ALTERNATIVE METHODS OF CONTROLLING PRETRIAL PUBLICITY HAVE BEEN SUGGESTED IN JUDICIAL ARGUMENTS INCLUDING THE SEQUESTRATION OF JURORS, A CHANGE OF VENUE, THE INSULATION OF WITNESSES, THE CONTROLLING OF OUT OF COURT STATEMENTS OF ATTORNEYS, AND THE ORDERING OF A NEW TRIAL. PERHAPS BECAUSE OF COURTS' UNFAMILIARITY WITH THE NEWS MEDIA THERE IS A FEAR OF THE UNKNOWN EFFECTS OF PUBLICITY. TRIAL JUDGES MAY FIND IT EASIER TO CLOSE HEARINGS THAN TO RISK PREJUDICIAL PUBLICITY, ESPECIALLY AFTER SUCH CLOSURES APPEAR PERMITTED BY THE DECISION IN GANNETT V. DEPASQUALE (1978). WHILE THE PRESS SEEKS ALL OF THE INFORMATION IT CAN GET, THERE CAN BE A FRAMEWORK WHICH LIMITS DISTRIBUTION OF INFORMATION TO THE CONFINES OF THE COURTROOM. THE PRESS OVERSIGHT FUNCTION REMAINS VITAL FOR ALL BRANCHES OF THE GOVERNMENT, AND THE JUDICIARY SHOULD RECOGNIZE ITS OBLIGATION OF WORKING WITH THE PRESS TO INCREASE THE ACCURACY OF REPORTING. FOOTNOTES ARE PROVIDED. (TWK)