NCJ Number
39385
Journal
Nebraska Law Review Volume: 56 Issue: 1 Dated: (1977) Pages: 1-22
Date Published
1977
Length
22 pages
Annotation
IN SHEPPARD V. MAXWELL (1966), THE U.S. SUPREME COURT STRESSED THAT THE TRIAL JUDGE MUST TAKE STEPS TO PROTECT THE TRIAL AGAINST PREJUDICIAL OUTSIDE INFLUENCES, I.E., PRETRIAL PUBLICITY.
Abstract
THE AUTHOR, A LOS ANGELES MUNICIPAL COURT JUDGE AND MEMBER OF THE AMERICAN BAR ASSOCIATION'S LEGAL ADVISORY COMMITTEE ON FAIR TRIAL AND FREE PRESS, ATTEMPTS TO EXPLAIN WHY JUDGES HANDLE CRISES IN HIGHLY PUBLICIZED CASES SO BADLY. HE CONTENDS THAT THE RARITY OF PUBLICITY CASES, THE WEAKNESS OF THE CONTEMPT POWER WHEN USED AGAINST THE PRESS, AND THE VAGUENESS OF THE SHEPPARD MANDATE AS TO THE POWER OF THE JUDGE ALL COMBINE TO EXPLAIN THIS SITUATION. THE BENCH-BAR-MEDIA AGREEMENTS WHICH RESULTED FROM SHEPPARD AND THE ENSUING 'GAG ORDERS' ARE ALSO HIGHLIGHTED AND DISCUSSED IN RELATION TO THEIR IMPACT ON THE DUTY OF THE TRIAL JUDGE. THE AUTHOR CONCLUDES BY OFFERING ELEVEN SUGGESTIONS ON HOW JUDGES CAN DISCHARGE THIS DUTY. THE CHECKLIST INCLUDES CAUTIONS TO AVOID DIRECT PRIOR RESTRAINTS, TO BEGIN WITH A PRESUMPTION AGAINST ANY GAL ORDERS, AND TO USE SHEPPARD SUGGESTED MEASURES (CHANGE OF VENUE, CONTINUANCES, JURY SEQUESTRATION, VOIR DIRE) TO THEIR GREATEST POSSIBLE EFFECT...ELW