MCLawCh7notes

MCLawCh7notes - Chapter 7: Access to Trials and Judicial...

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Chapter 7 : Access to Trials and Judicial Proceedings This chapter deals with how the press can gain access to trials and proceedings, especially since there is no First Amendment right to such access, and how both the accused and the public’s rights can still be protected.
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Fair Trial v. Free Press Inquisitorial Judicial System (IJS) v. Adversarial Judicial System (AJS) IJS : Judge acts as investigator, prosecutor and ultimate decision maker AJS : Three roles – Prosecutor, Defense Attorney and Judge Set up to be intentionally adversarial Judge as referee Assumes that truth will win if each side advocates zealously for his side Assumes that the witnessing of the process by the judge will lead to the ultimate truth Therefore judge (or jury) must be free from any outside influence and absolutely consistent procedure must always be used
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Fair Trial v. Free Press All of this works as long as there is procedural due process – whereby any person accused of a crime can receive the opportunity to obtain justice Presumes that the victim and society as a whole also receives justice Can only happen if every Δ is provided a consistent trial procedure Fourth, Fifth, Sixth and Eighth Amendments to the Constitution provide guidelines for due process, and all are imposed on states as well through the Due Process Clause of the Fourteenth Amendment
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Fair Trial v. Free Press Conflicts of interest are inherent between the First and Sixth Amendments Sixth Amendment guarantees right to a fair and impartial trial (which happens b/c of a guarantee of due process) News coverage does not follow due process First Amendment guarantees freedom of the press (right not to be restricted) Therefore, essentially impossible to have a completely fair trial that is covered by a completely fair press At common law, fair trial always outweighed free press
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Fair Trial v. Free Press
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This note was uploaded on 10/03/2011 for the course MCOM 3320 taught by Professor Parksinson during the Spring '08 term at Texas Tech.

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MCLawCh7notes - Chapter 7: Access to Trials and Judicial...

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