JRN 301 Final Exam Study Guide
Free Press and Fair Trial
how can you get a fair trial w/ so much publicity and assumed
-Impact on jurors:
can cause a jury to be biased, form an opinion based off
things that are not presented in trial. No firm evidence of this, though.
-Ways to diminish impact of prejudicial information (change of venue, etc):
move to another district, sequester the jury, reign in jury, continuance (slow
down trial), ban cameras, jury from other area. Also, can do
extensive/intensive voir dire (questioning of jury).
-Gag orders on press and trial participants
: can gag order jury, witnesses
attorneys (not allow them to talk), but CANNOT gag press.
-Press access to courtroom:
can be restricted if judge thinks it is interrupting
-Cameras in the Courtroom
-Arguments pro and con:
stops mischief from happening, increases public’s understand of
court system, allows for better watchdog of government, increased transparency.
if minor or very sensitive case, people would not come forward
as much if thought they would be on TV/publicly known, encourages media
to harp on person/part of trial—gives a face to the case, inhibiting factor—afraid
to say what really think, causes people to play towards camera/public.
-Typical rules for use of cameras in the courtroom:
for long time were not
allowed. Now, states can determine rules for state courts and pose restrictions,
but it is always at the discretion of the judge.
-Supreme Court’s position on cameras:
SCOTUS does not allow, but does do
voice recording of oral arguments. Don’t want because it would set precedent
for cameras in all courts and would take away justices’ anonymity.
Protection of News Sources
-First Amendment v. Sixth Amendment Conflict:
tension of press and justice system—
rights of the accused.
-The two often bump into each other because as the press tries to do its job, a
amendment guarantees (fair trial) may be interfered with.
-We allow the press to say anything, but is that right? We have a presumption
of innocence, but after hearing allegations (through press), most assume
-3 Sources of Clashing: Reporter Privilege, Cameras in Courtroom, &