NCJ Number
59113
Journal
American Criminal Law Review Volume: 16 Issue: 4 Dated: (SPRING 1979) Pages: 473-495
Date Published
1979
Length
23 pages
Annotation
THE UNIQUE PROBLEMS OF PREPARING AND PRESENTING A HIGHLY PUBLICIZED TRIAL ARE EXAMINED FROM THE PROSECUTOR'S PERSPECTIVE.
Abstract
ALTHOUGH MOST GOOD LAWYERS AND TRIAL JUDGES FEEL THAT THE PRESENCE OF THE PRESS AT TRIAL SHOULD BE IRRELEVANT TO THE MANNER IN WHICH THE CASE IS TRIED, ACTUALLY THE PRESENCE OF REPORTERS AND CAMERAS HAS AN IMPACT ON THE STRATEGIC AND TACTICAL CONSIDERATIONS OF THE PROSECUTION AND DEFENSE. REPORTERS WILL CONSTANTLY DEMONSTRATE THEIR LACK OF CONCERN FOR THE PREJUDICIAL ASPECTS OF PRETRIAL PUBLICITY. IN SPITE OF POTENTIALLY PREJUDICIAL COVERAGE, THE MEDIA CAN PERFORM AN IMPORTANT ROLE BY INFORMING THE PUBLIC OF THE FACTS AND ALLEGATIONS CONCERNING THE CASE. CONSCIENTIOUS PROSECUTORS MUST AVOID SITUATIONS IN WHICH THE RELATIONSHIP BETWEEN THE MEDIA AND THE PROSECUTOR'S OFFICE SUGGESTS A BREACH OF INVESTIGATIVE CONFIDENTIALITY THROUGH LEAKS OF INFORMATION. SUCH INFORMATION MAY PROVE DAMAGING TO THE IMPANELING OF A FAIR JURY, AND WOULD LIKELY VIOLATE THE ETHICAL STANDARDS OF THE AMERICAN BAR ASSOCIATION. ONLY A GRAND JURY WITNESS MAY FREELY TALK WITH THE PRESS; GRAND JURORS AND ATTORNEYS FOR THE GOVERNMENT ARE SWORN TO SECRECY UNDER THE FEDERAL RULES OF CRIMINAL PROCEDURE. IF INFORMATION IS LEAKED FROM THE GRAND JURY, THE DEFENDANT IN A SUBSEQUENT TRIAL MAY MOVE FOR THE DISMISSAL OF THE INDICTMENT ON GROUNDS OF PREJUDICIAL PUBLICITY. INDICTMENTS WHICH WILL BE SUBJECT TO PUBLIC SCRUTINY OUGHT TO BE DRAFTED IN SUCH A WAY AS TO ENSURE MAXIMUM FLEXIBILITY DURING LITIGATION AND HAVE SUFFICIENT CLARITY TO PERMIT THE PUBLIC TO UNDERSTAND THE NATURE OF THE TRIAL AND THE ROLE OF THE DEFENDANT. FURTHER CONSIDERATION IS GIVEN TO THE USE OF THE GAG ORDER, THE SELECTION OF AN IMPARTIAL JURY, AND THE SEQUESTRATION OF JURORS. FOOTNOTES ARE PROVIDED. (TWK)