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FAIR TRIAL AND FREE PRESS - AN OPPORTUNITY FOR COEXISTENCE

NCJ Number
41563
Journal
Stanford Law Review Volume: 29 Issue: 3 Dated: (FEBRUARY 1977) Pages: 561-574
Author(s)
R P ISAACSON
Date Published
1977
Length
14 pages
Annotation
THE REVIEWER CONTENDS THAT ONLY IN CONJUNCTION WITH THE MORE EFFECTIVE AMERICAN BAR ASSOCIATION STANDARDS WILL THE DEVICES IN CASE LAW PRECEDENTS ADEQUATELY PROTECT THE RIGHT TO A FAIR TRIAL FROM PRETRIAL PUBLICITY.
Abstract
THE SUPREME COURT DID NOT SPECIFY ADEQUATE PROCEDURES THAT A JURISDICTION SHOULD TAKE TO INSURE A TRIAL FREE FROM PREJUDICIAL PUBLICITY. ALTHOUGH THE COURT'S OPINION IN NEBRASKA PRESS ASSOCIATION V STUART (1976) STRUCK DOWN A JUDICIAL GAG ORDER AND REFERRED TO PROTECTIVE DEVICES OUTLINED IN SHEPPARD V MAXWELL (1966) WHERE A CONVICTION WAS OVERTURNED BECAUSE OF PRETRIAL PUBLICITY AND TO THE AMERICAN BAR ASSOCIATION'S 'STANDARDS FOR CRIMINAL JUSTICE, FAIR TRIAL, AND FREE PRESS', THE COURT EMPHASIZED ONLY A FEW MEASURES FOR AVOIDING PREJUDICIAL PUBLICITY....TWH