NCJ Number
76670
Date Published
1981
Length
70 pages
Annotation
This booklet explains the history of the issues involved in fair trial and free press and the American Bar Association's (ABA's) role in defining guidelines and procedures to accommodate conflicting rights.
Abstract
The discussion encompasses such issues as the fair trial/free press clash, using the case of Dr. Sam Sheppard as an example; development of the ABA standards; and cases behind the standards. These cases include New York Times v. United States (the 'Pentagon Papers' case); Nebraska Press Association v. Stuart, which dealt with prior restraint on the press in the context of a criminal trial; and Bridges v. California, which illustrates the 'clear and present danger' standard. A review of the ABA standards covers application of the 1978 standards to participants in judicial proceedings, such as lawyers, police, court personnel, jurors, parties and witnesses, and the media. Application of these standards to procedures in criminal cases delineates such appropriate safeguards as change of venue or continuance, severance, jury selection, jury sequestration, setting aside the verdict, and use of the contempt power. The booklet also outlines what the ABA standards do not cover, other fair trial/free press guidelines, and the future of the fair trial/free press issue. The ABA standards on fair trial and free press, judicial conference standards, major U.S. Supreme court cases on fair trial/free press, and over 50 additional references and resources are appended.