Free Press v. Fair Trial

Flashcards covering key vocabulary and concepts related to the balance between a free press and the right to a fair trial.

Sensational Trials

Trials that receive lots of attention and press coverage, generating controversy.

First Amendment

Deals with speech, press, religion, assembly, and petition.

14th Amendment

Deals with due process of ALL citizens, incorporating federal rights into the states.

6th Amendment

Deals with speedy and public trial, and impartial jury.

First Amendment

The right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Sixth Amendment

The accused shall enjoy the right to a speedy and public trial, by an impartial jury.

Guaranteeing a speedy and public trial with an impartial jury

The site of the battle between First and Sixth Amendments

Presumption of Innocence

One of the most sacred principles in the American criminal justice system, holding that a defendant is innocent until proven guilty.

Sensational Trials

Americans love sensational trials.

Role of the Press in Trials

The press should act as a surrogate for the public, preventing injustice to the defendant but also potentially causing injustice.

Benefit of public/open trials

Ensures defendant’s right to a fair trial, and keeps alive the U.S. tradition of open trials.

Court concerns regarding public trials

Fears public trials can bias jurors, news media presence affects courtroom decorum, and publicity may hurt defendant and potential witnesses and jurors.

Voir Dire

The portion of a trial when the court questions potential jurors and witnesses.

Press Access to Trials

The press can claim no greater rights of access than those afforded the public under the U.S. Constitution.

Richmond Newspapers v. Virginia

The right to attend criminal trials is implicit in the guarantees of the First Amendment.

Press Enterprise I and Press Enterprise II

Limited First Amendment right to access to preliminary hearings.

Chandler v. Florida

Use of cameras and other electronic media not forbidden by the Constitution so long as it does not infringe upon the defendant’s rights.

Robert K. Smith v. Daily Mail Publishing

The state must prove a “substantial interest” for banning the publication of a juvenile offender’s name.

Irwin v. Dowd

The court decided Irwin’s 14th and 6th Amendment rights were violated and he received a new trial.

Rideau v. Louisiana

Jurors exposed to TV broadcast of his confession.

Sheppard v. Maxwell

Sheppard denied his 14th Amendment rights.

Remedies to Publicity

Change venue.

Remedies to Publicity

postpone trial

Remedies to Publicity

sequester jury

Remedies to Publicity

order new trial if due process compromised

Nebraska Press Association v. Stuart

gag order overturned because judge had other remedies

First v. Sixth Amendment

In most instances, Sixth Amendment take priority over First Amendment rights.