BLIND JUSTICE - TRIALS AND TRIBULATIONS - CAN MEDIA EXPOSURE HELP OUR TROUBLED COURTS?

• NCJ Number: 45559
• Journal: LAW ENFORCEMENT COMMUNICATIONS Volume: 5 Issue: 1 Dated: (FEBRUARY 1978) Pages: 26-28,30-31,54-57
• Author(s): J B WEINSTEIN; D L ZIMMERMAN
• Date Published: 1978
• Length: 9 pages
• Corporate Author: United Business Publications, Inc
• Publication Format: Article
• Publication Type: Conference Material
• Language: English
• Country: United States of America

Annotation

THE IMPLICATIONS OF ALLOWING THE NEWS MEDIA, PARTICULARLY TELEVISION CAMERAS, INTO THE COURTROOM ARE EXAMINED.

Abstract

AT ONE TIME, COURTS WERE COMPLETELY OPEN TO THE PUBLIC, AND TRIALS WERE A POPULAR FORM OF ENTERTAINMENT. THIS OPENNESS HAS BEEN REPLACED BY CLOSED DOORS, STRICT SECURITY, AND THE CREATION OF A 'CULT OF THE ROBE'; JUDICIAL GARB AND INCOMPREHENSIBLE JARGON PREVENT THE PUBLIC FROM MAKING RATIONAL INQUIRY CONCERNING THEIR COURTS. THE PASSAGE OF 'SUNSHINE LAWS' IN MANY STATES HAS SOUGHT TO ENSURE THAT ALL COURT PROCEEDINGS, INCLUDING MOTIONS, HEARINGS, AND TRIALS, BE OPEN AND THAT CLOSED HEARINGS BE HELD ONLY WHEN CLEAR AND CONVINCING REASONS, SUCH AS THE PERSONAL SAFETY OF A WITNESS, CAN BE GIVEN. THE AUTHOR RECOMMENDS THAT THOSE PROCEEDINGS WHICH ARE OSTENSIBLY OPEN BE MADE SO IN REALITY BY USING PUBLIC ADDRESS SYSTEMS, KEEPING EXTRANEOUS NOISE AND CONVERSATION IN THE COURTROOM TO MINIMUM, AND MINIMIZING SIDEBAR AND OTHER CONFERENCES BETWEEN ATTORNEYS AND JUDGES FROM WHICH THE PUBLIC IS EXCLUDED. REPORTS BY THE PRESS ABOUT THE COURTS ARE OFTEN INACCURATE AND SUPERFICIAL. JUDGES COULD CORRECT THE PROBLEM BY SPEAKING PLAINLY, DEVISING WAYS TO EDUCATE JOURNALISTS ABOUT THE BACKGROUND OF PARTICULAR CASES, OR MEETING REGULARLY WITH MEMBERS OF THE PRESS TO DISCUSS IMPORTANT CURRENT ISSUES IN GENERAL TERMS. IT IS ALSO SUGGESTED THAT JUDGES RECONSIDER ALLOWING THE BROADCAST MEDIA TO RECORD AND AIR APPEALS, HEARINGS, AND TRIALS. SEVERAL STATES, AMONG THEM ALABAMA, COLORADO, GEORGIA, TEXAS, AND WASHINGTON, ALLOW TELEVISION CAMERAS IN THE COURTROOM, WHILE OTHERS ARE EXPERIMENTING WITH TELEVISED TRIALS. ARGUMENTS AGAINST TELEVISION IN THE COURTROOM ARE ERODING, AS MODERN EQUIPMENT IS COMPACT, UNOBTRUSIVE, AND PORTABLE, AND SENSITIVE CAMERAS WORK WELL IN ORDINARY ROOM LIGHT. THE EQUIPMENT NO LONGER NEED INTERFERE WITH A FAIR AND DIGNIFIED TRIAL. THE AUTHOR ASSERTS THAT IT IS DANGEROUS IN A DEMOCRACY TO CLOSE OFF ANY INSTITUTION FROM PUBLIC OBSERVATION AND THAT THE PUBLIC MUST BE ALLOWED TO OBSERVE ITS COURTS THROUGH ALL THE FACILITIES OF THE MASS MEDIA. (VDA)