Media Effects on Attitudes Towards the Criminal Justice System
The Media and the Criminal Justice System
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Transcript of The Media and the Criminal Justice System
The Media and the Criminal Justice System
JOUR3060 Communication Law & Regulation
CONFLICTING CONSTITUTIONAL GUARANTEES
1st Amendment: Congress shall make no law ...abridging the freedom of speech,
or of the press; or the right of the people peaceably to assemble…
6th Amendment: In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense
9th Amendment: The enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the people
PRE-TRIAL PROCEEDINGS Arrest / Charge Discovery Plea Bargaining Motions Voir Dire
Trial: opening arguments evidence presented testimony given closing arguments judgment rendered Sentencing
Post-Trial appeal? serve sentence
FREEDOM OF THE PRESS(Issues of Pretrial Publicity)
Sheppard v. Maxwell (1966) http://www.oyez.org/cases/1960-1969/1965/1965_
490 1:15 – 6:00
FREEDOM OF THE PRESS Estes vs. Texas (1965): broadcast media
NOT allowed in court Chandler vs. Florida (1981): courts MAY
allow cameras to cover criminal trials
Gannett Co. v. DePasquale (1979): access to public trials
Richmond Newspapers v. Virginia (1980): access to criminal trials
FREEDOM OF THE PRESS Pre-Enterprise v. Superior Court I (1984): establish public’s
right to witness jury selection in criminal trials
Waller v. Georgia (1984) Press-Enterprise / Waller Test: Pre-trial proceedings presumed to
be open, unless: 1) overriding interest likely to be prejudiced 2) closure is broader than necessary to protect interest 3) alternatives to closure not considered 4) trial court makes findings of fact to support closure
Press-Enterprise v. Superior Court II (1986): establish public’s right to witness pretrial hearings in criminal cases Press-Enterprise II Test: Pre-trial proceedings cannot be closed,
unless: 1) specific, on-the-record findings justifying closure, 2) closure necessary to preserve higher values, 3) closure is narrowly tailored to serve that interest
FREEDOM OF THE PRESS Cincinnati Gas & Electric Co. v. General
Electric Co. (1988): example of legitimate interest justifying closure
Craig v. Harney (1947): news articles not “clear and present danger”
Nebraska Press Association v. Stuart (1976): prior restraint of news coverage is unconstitutional
Zurcher v. Stanford Daily (1978): search of student paper office led to Privacy Protection Act of 1980