Mass Communication Law & Ethics Notes
However…. The 1st amendment gives the mass media right to report crime news, including information and visual images that could prejudice an entire community against someone who has not yet stood trial and is still presumes innocent by the law.
“Remedies” for the fair trial/free press problem
The remedy: CAUTIONING POLICE, PRESEECUTERS, ETC. not to give information about a trial to the news media
The problem: gags can be challenged by gagged on grounds that it interferes with 1st amendment right of expression and challenged by news media on grounds that it interferes with news gathering rights
The remedy: SHIELDING WITNESSES from the press.
The problem: such shielding can also be challenged on first amendment grounds, that is interferes with the medias newsgathering rights.
The remedy: CAUTIONING JOURNALISTS AGAINST PUBLISHING CERTAIN PREJUDICIAL INFORMATION prior to publication
The problem: this is prior restraint, also known as…?
The remedy: ENCOURAGING THE US OF GUIDELINES or techniques for insulting trials (such as American Bar Association, which urges it members to not make extrajudicial statements which could prejudice a criminal proceeding; urges law enforcement officers and agencies to do same).
The problem: guidelines are voluntary
The remedy: GRANTING A CHANGE OF VENUE, or moving the trial to a community less touched by pre-trial publicity, if news accounts in the area have created a situation in which it is unlikely the accused can get a fair trial there.
The remedy: GRANTING A CHANGE OF VENIRE, or importing a panel of jurors from another areas where they are less likely to have formed opinions about the case.
The problem:
The remedy: RELYING ON TH ECOIR DIRE, the process under which prospective juror are screened. Attempts are made to exclude people form the jury whose previously formed opinions will prevent them from reaching a fair verdict based on the evidence presented during the trial
The problem: this may
“Remedies” for the fair trial/free press problem
The remedy: CAUTIONING POLICE, PRESEECUTERS, ETC. not to give information about a trial to the news media
The problem: gags can be challenged by gagged on grounds that it interferes with 1st amendment right of expression and challenged by news media on grounds that it interferes with news gathering rights
The remedy: SHIELDING WITNESSES from the press.
The problem: such shielding can also be challenged on first amendment grounds, that is interferes with the medias newsgathering rights.
The remedy: CAUTIONING JOURNALISTS AGAINST PUBLISHING CERTAIN PREJUDICIAL INFORMATION prior to publication
The problem: this is prior restraint, also known as…?
The remedy: ENCOURAGING THE US OF GUIDELINES or techniques for insulting trials (such as American Bar Association, which urges it members to not make extrajudicial statements which could prejudice a criminal proceeding; urges law enforcement officers and agencies to do same).
The problem: guidelines are voluntary
The remedy: GRANTING A CHANGE OF VENUE, or moving the trial to a community less touched by pre-trial publicity, if news accounts in the area have created a situation in which it is unlikely the accused can get a fair trial there.
The remedy: GRANTING A CHANGE OF VENIRE, or importing a panel of jurors from another areas where they are less likely to have formed opinions about the case.
The problem:
The remedy: RELYING ON TH ECOIR DIRE, the process under which prospective juror are screened. Attempts are made to exclude people form the jury whose previously formed opinions will prevent them from reaching a fair verdict based on the evidence presented during the trial
The problem: this may