NCJ Number
191072
Journal
Prosecutor Volume: 35 Issue: 5 Dated: September/October 2001 Pages: 29-34
Date Published
September 2001
Length
6 pages
Annotation
This article discusses some of the problems prosecutors may encounter if they fail to know or follow established ethical guidelines concerning trial publicity.
Abstract
Any criminal case involves a potential clash between the competing interests of the public's right to know about crimes committed in the community and what law enforcement is doing about them, versus the suspect's right to a fair trial before an impartial judge and jury not influenced by media attention. No prosecutor or law enforcement officer should ever speak to the press without first reading and understanding the local State disciplinary rules based upon the American Bar Association's Model Code of Professional Responsibility. Examples of extrajudicial statements that are specifically prohibited include: (1) comments as to character, credibility, reputation, or criminal record; (2) possibility of guilty plea; (3) existence or contents of confession or refusal to make statement; (4) performance or results of any examination or test, or identity of physical evidence; (5) opinion as to guilt or innocence; and (6) inadmissible evidence. The article describes types of statements that are permitted and applicability of the Federal Freedom of Information Act and State Sunshine Laws. Notes