Press and the Criminal Justice System - Controversies Over Acquisition and Distribution of Information (From Justice and the Media, P 91-105, 1984, Ray Surette, ed. - See NCJ-95768)

• NCJ Number: 95772
• Author(s): L Salas
• Date Published: 1984
• Length: 15 pages
• Sale Source: Charles C. Thomas
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

The U.S. Supreme Court's movement toward permitting increased press access to judicial proceedings reflects the realization that in an age of mass communications, the criminal justice system cannot remain isolated from the rest of society and justify that isolation by reference to general principles of justice.

Abstract

Both the media and the criminal justice sytem react to crimes in the same manner, focusing on investigating the facts for presentation to the public. Their relationship is often symbiotic, with each guarding the information gathered while trying to discover the information the other has. In gathering data, the criminal justice system is guided by legislative mandates, while the media rely mainly on ethical and newsworthy considerations. As a result, the systems often become adversaries. The newsgatherer's privilege, press interference with ongoing investigations, access, and the impact of publicity on defendants' rights are all crucial issues, as is the use of television as a main means of covering judicial proceedings. Several decisions have shown the judiciary's opposition to blanket orders that restrict media access to judicial proceedings and its favoring of the press in cases when privacy is joined with other governmental interests. Forty-three footnotes are provided.