NCJ Number
70818
Date Published
1969
Length
70 pages
Annotation
This manual discusses the intent and limitations of the American Bar Association's (ABA) fair trial and free press standards, provides suggestions to bar-media committees for drafting voluntary codes of fair practice, and presents the full text of the standards.
Abstract
In recognition of the growing number of criminal convictions being appealed on grounds of prejudicial publicity, the ABA has published standards that delineate the rights and duties of lawyers and courts on the one hand, and the rights and the duties of the press on the other, to insure the impartial administration of justice. Directed primarily to lawyers, court and law enforcement personnel, the standards specify types of prejudicial information which lawyers participating in a case should not release, because it may be inadmissible in court and could influence the trial outcome. Provision is also made for the prompt release from official sources of basic facts about crimes committed. No restrictions are imposed upon the freedom of the media to publish information obtained through its own initiative or to criticize law enforcement or the courts. Law enforcement agencies are urged to follow the rules that apply to lawyers regarding withholding of specified prejudicial information before trials. The manual summarizes the standards' main provisions and clarifies their effects at each stage of the criminal justice process. It also provides commentary on controversial points, describes how the courts have measured prejudicial publicity, identifies similarities between ABA and Federal standards, and explains ABA position on voluntary codes of fair practice. Appendixes present the standards' full text, a summary of major Supreme Court cases involving prejudicial publicity, examples of court rules defining duties of lawyers, and sample voluntary bar-media codes.