Free Press Vs Fair Trial Case Study
Restrictive Orders Against The Press
Check Abuses – Public as Watchdog
Promote Accountability
Maintain Official Records
Promote Due Process:
Ensure that everyone knows the rules of the game
Free Press Vs. Fair Trial, Part I
(1st Amendment) (6th Amendment)
Prejudicial Crime Reporting – Is there such a thing? The “CSI” effect John Marshall, U.S. V. Burr (1807) Irvin V. Dowd (1961) Murphy V. Florida (1975)
Traditional Judicial Remedies To balance 1st & 6th amend. *
US v. Burr (1807)
Impartial juror was “one free from the dominant influence of knowledge acquired outside of the courtroom, free from strong and deep impressions that closes the mind” – Justice John Marshall
3 US Court decisions about …show more content…
v. Superior Court of Riverside County, California (1986) Press-Enterprise Co. sought release of a transcript of a murder trial
Robert Diaz was accused of 12 patient murders while acting as a nurse at the Community Hospital of the Valleys in Perris, California.
Gave patients too much heart medication
The defendant requested that the public be excluded from the proceedings. The California Superior Court granted the request because of the national attention the case received -- wanted to assure a fair trial.
Post preliminary trial Press-Enterprise asks for transcripts of trial, magistrate refuses
Case later goes to superior court and rules that initially they did not have to be released – once defendant dropped right to trial they released
The United States Supreme Court disagreed with state superior court because the defendant had requested a closed preliminary hearing. They decided that the public has the right to attend pretrial hearings in criminal cases, including preliminary hearings.
Press Enterprise Test
Person trying to keep things closed must come up with an overriding interest likely to be harmed if proceeding was for some reason to remain opened “it would be
Check Abuses – Public as Watchdog
Promote Accountability
Maintain Official Records
Promote Due Process:
Ensure that everyone knows the rules of the game
Free Press Vs. Fair Trial, Part I
(1st Amendment) (6th Amendment)
Prejudicial Crime Reporting – Is there such a thing? The “CSI” effect John Marshall, U.S. V. Burr (1807) Irvin V. Dowd (1961) Murphy V. Florida (1975)
Traditional Judicial Remedies To balance 1st & 6th amend. *
US v. Burr (1807)
Impartial juror was “one free from the dominant influence of knowledge acquired outside of the courtroom, free from strong and deep impressions that closes the mind” – Justice John Marshall
3 US Court decisions about …show more content…
v. Superior Court of Riverside County, California (1986) Press-Enterprise Co. sought release of a transcript of a murder trial
Robert Diaz was accused of 12 patient murders while acting as a nurse at the Community Hospital of the Valleys in Perris, California.
Gave patients too much heart medication
The defendant requested that the public be excluded from the proceedings. The California Superior Court granted the request because of the national attention the case received -- wanted to assure a fair trial.
Post preliminary trial Press-Enterprise asks for transcripts of trial, magistrate refuses
Case later goes to superior court and rules that initially they did not have to be released – once defendant dropped right to trial they released
The United States Supreme Court disagreed with state superior court because the defendant had requested a closed preliminary hearing. They decided that the public has the right to attend pretrial hearings in criminal cases, including preliminary hearings.
Press Enterprise Test
Person trying to keep things closed must come up with an overriding interest likely to be harmed if proceeding was for some reason to remain opened “it would be