NCJ Number
47062
Journal
Criminal Law Bulletin Volume: 14 Issue: 3 Dated: (MAY-JUNE 1978) Pages: 233-238
Date Published
1978
Length
6 pages
Annotation
ACTIONS OF JUDGES, PROSECUTORS, AND DEFENSE ATTORNEYS ARE DISCUSSED AS THEY RELATE TO PRETRIAL PUBLICITY DAMAGING THE UNJUSTLY ACCUSED AND TRIAL PUBLICITY THAT GOES BEYOND DISCUSSING LEGAL EVIDENCE.
Abstract
ANY PRETRIAL PUBLICITY WHATSOEVER, EVEN PUBLICLY MENTIONING THE NAME OF THE INDICTED, IS DAMAGING TO AN UNJUSTLY ACCUSED DEFENDANT. IT IS RECOMMENDED THAT PROSECUTORS MIGHT MINIMIZE SUCH INJURIES BY ELIMINATING INDICTMENT PRESS CONFERENCES, PARTICULARLY THOSE THAT GENERATE COLORFUL LANGUAGE ABOUT THE DEFENDANT AND WHICH SUPPLY INFORMATION NOT IN THE INDICTMENT. IT IS SUGGESTED THAT THE PROSECUTOR AVOID FLAMBOYANT ARGUMENTS AT THE TIME OF BAIL APPLICATIONS, KEEPING STATEMENTS TO THE BARE MINIMUM NECESSARY TO THE SETTING OF REASONABLE BAILS. PROSECUTORS ARE URGED TO RESTRIAN POLICE FROM ISSUING PRETRIAL STATEMENTS WHICH, HAD THEY COME FROM THE PROSECUTOR, WOULD VIOLATE DISCIPLINARY RULES. IT IS BELIEVED THAT THE BURDEN OF PROTECTING PRETRIAL RIGHTS OF THE DEFENDANT REGARDING PUBLICITY FALLS ON THE DEFENSE ATTORNEY. IT IS SUGGESTED THAT HE OR SHE NOTIFY BOTH THE POLICE AND THE PROSECUTOR ABOUT SPECIFIC RESTRAINTS PLACED ON THEM IN PROVIDING PUBLIC INFORMATION ABOUT THE DEFENDANT AND THE TIME AND PLACE OF THE TRIAL. DURING TRIAL, IT IS ADVISED THAT THE MEDIA BE BARRED FROM ACCESS TO INFORMATION THAT MAY NOT BE MADE KNOWN TO THE JURORS DURING THE TRIAL. HEARINGS HELD OUTSIDE OF THE JURORS' PRESENCE SHOULD, THEREFORE, NOT BE PUBLIC. SIMILARLY, MOTION PAPERS, AFFIDAVITS, AND OTHER SUCH ITEMS FILED WITH THE COURT FOR ITS CONSIDERATION AND NOT FOR THE INFORMATION OF THE TRIAL JURORS NEED NOT BE PUBLICLY RELEASED AT THE MOMENT OF FILING. PROSECUTORS' APPEALS FOR VOLUNTARY COOPERATION OF THE MEDIA IN LIMITING PUBLIC INFORMATION TO LEGALLY ADMISSABLE EVIDENCE HAVE OFTEN BEEN SUCCESSFUL. (RCB)