NCJ Number
38759
Date Published
1976
Length
121 pages
Annotation
REPORT ON THE RESULTS OF A STUDY CONDUCTED BY A TASK FORCE COMPOSED OF MEMBERS OF THE PRESS AND THE BAR INTO THE RELATIONSHIP BETWEEN US COURTS AND THE PRESS IN LIGHT OF INCREASING FIRST AND SIXTH AMENDMENT CONFLICTS.
Abstract
THE TASK FORCE IS CRITICAL OF FOUR SPECIFIC CONTEMPORARY JUDICIAL PRACTICES: THE ISSUANCE OF ORDERS AIMED DIRECTLY AT THE PRESS, FORBIDDING PUBLICATION OF MATERIAL OBTAINED OUTSIDE THE COURTROOM; THE EXCESSIVE USE OF RESTRICTIVE ORDERS; EXCESSIVE RELIANCE ON SECRECY; AND THE LACK OF QUICK APPEAL AGAINST PRESS RESTRICTIONS. RECOMMENDATIONS MADE BY THE TASK FORCE INCLUDE VIGOROUS ADMINISTRATION OF THE VOIR DIRE, MORE DETAILED INSTRUCTIONS TO JURIES, REASONABLE RESTRCITIONS UPON COURT OFFICERS AND EMPLOYEES REGARDING STATEMENTS CONCERNING CRIMINAL PROCEEDINGS, AND CONSULTATIONS WITH REPRESENTATIVES OF THE PRESS WHEN ISSUING SPECIAL ORDERS IN CONNECTION WITH TRIALS. OTHER SUGGESTIONS WERE TESTING THE VALIDITY OF CHALLENGED COURT ORDERS THROUGH A SPECIAL PROCEDURE IN ACCORDANCE WITH DUE PROCESS AND RESORTING TO CONTINUANCE, CHANGE OF VENUE, AND SEQUESTRATION WHERE NECESSARY. A MODEL FREE PRESS-FAIR TRIAL ACT AND A BACKGROUND PAPER TRACING THE DEVELOPMENT OF FREE PRESS AND FAIR TRIAL CONFLICTS ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED)...EB