FAIR TRIAL AND FREE PRESS, CHAPTER 8 - 2ND ED. - TENATIVE DRAFT

• NCJ Number: 48424
• Author(s): ANON
• Date Published: 1978
• Length: 30 pages
• Grant Number(s): 77-DF-99-0012
• Sponsoring Agency: US Dept of Justice
• Corporate Author: American Bar Assoc.
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: AMERICAN BAR ASSOCIATION STANDARDS RELATING TO THE ADMINISTRATION OF CRIMINAL JUSTICE

Annotation

AMERICAN BAR ASSOCIATION STANDARDS FOR CRIMINAL JUSTICE ADMINISTRATION RELATING TO FAIR TRIAL AND FREE PRESS ARE LISTED AND ACCOMPANIED BY BRIEF COMMENTARIES, HISTORICAL DESCRIPTIONS, AND NOTATIONS OF RELATED STANDARDS.

Abstract

THE STANDARDS ARE ARRANGED ACCORDING TO THESE CATEGORIES: (1) CONDUCT OF ATTORNEYS IN CRIMINAL CASES; (2) CONDUCT OF LAW ENFORCEMENT OFFICERS, JUDGES, AND COURT PERSONNEL IN CRIMINAL CASES; (3) CONDUCT OF JUDICIAL PROCEEDINGS IN CRIMINAL CASES; AND (4) EXERCISE OF THE CONTEMPT POWER. IN THEIR SECOND EDITION, THESE STANDARDS REFLECT RECENT RESEARCH, TRENDS, AND JUDICIAL DECISIONS REGARDING EXTRAJUDICIAL STATEMENTS BY ATTORNEYS, RELEASE OF INFORMATION BY LAW ENFORCEMENT AGENCIES REGARDING PLEA BARGAINING, CONFESSIONS, COMMISSION OF CRIME AND INVESTIGATIONS, DISCLOSURES BY COURT PERSONNEL, AND STATEMENTS BY JUDGES WHICH WOULD BE PREJUDICIAL TO THE RIGHT OF THE DEFENDANT OR PROSECUTION. A NEW STANDARD IS INCLUDED IN RESPONSE TO THE SUPREME COURT DECISION IN NEBRASKA PRESS ASSOCIATION V. STUART AND PROHIBITS ANY JUDICIAL MEASURE THAT RESTRICTS THE PRESS FROM PUBLISHING INFORMATION IN ITS POSSESSION RELATING TO A CRIMINAL CASE. OTHER NEW STANDARDS RELATE TO THE PUBLIC AVAILABILITY AND PRETRIAL PROCEEDINGS AND THEIR RECORDS, SEVERANCE OF TRIALS WHERE A PREJUDICED PUBLIC PRECLUDES THE POSSIBILITY OF A FAIR TRIAL, AND THE CONDUCT OF THE TRIAL. (DAG)