NCJ Number
30848
Journal
Yale Law Journal Volume: 85 Issue: 1 Dated: (NOVEMBER 1975) Pages: 123-135
Date Published
1975
Length
13 pages
Annotation
ARGUMENT THAT RESIDUAL PREJUDICE EXISTING AFTER THE APPLICABLE PROCEDURAL REQUIREMENTS HAVE BEEN MET TO MITIGATE THE EFFECTS OF PRE-JUDICIAL PUBLICITY DOES NOT DENY THE DEFENDANT A FAIR TRIAL.
Abstract
THE CONSTITUTION MAY REQUIRE ONLY THAT COURTS DO ALL THEY REASONABLY CAN TO MITIGATE THE EFFECTS OF PREJUDICIAL PUBLICITY IN ANY TRIAL. TO REVERSE CONVICTIONS BECAUSE OF PREJUDICE WHICH REMAINS AFTER THE APPLICATION OF THE AVAILABLE PROCEDURAL SAFEGUARDS WOULD EFFECTIVELY IMMUNIZE SOME DEFENDANTS IN HIGHLY SENSATIONAL CASES. IT IS OPEN TO QUESTION WHETHER THE GUARANTEE OF A FAIR TRIAL COMPLES THIS RESULT FOR ANY DEFENDANT-PUBLIC OFFICIAL OR PRIVATE CITIZEN. (AUTHOR ABSTRACT)