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IS AN INAUDIBLE TRIAL A PUBLIC TRIAL?

NCJ Number
41046
Journal
Judicature Volume: 60 Issue: 9 Dated: (APRIL 1977) Pages: 413 AND 458
Author(s)
F SCHAIR
Date Published
1977
Length
2 pages
Annotation
REPORT ON THE RESULTS OF A STUDY OF THE AUDIBILITY OF COURT PROCEEDINGS IN FOUR NEW YORK JURISDICTIONS, CONDUCTED BY FOUR HUNDRED CITIZEN COURT WATCHERS.
Abstract
DURING AN 18-MONTH PERIOD, 50 COURTROOMS IN NEW YORK CITY, ROCHESTER, GLEN FALLS, AND POUGHKEEPSIE WERE OBSERVED. IT WAS FOUND THAT IT WAS ALMOST IMPOSSIBLE TO MONITOR PROCEEDINGS FROM THE SPECTATOR SECTIONS IN MOST COURTS DUE TO HIGH NOISE LEVELS, AND THAT RELATIVELY FEW JUDGES MADE EFFORTS TO REDUCE CHAOS AND UNNECESSARY PERIPHERAL CONVERSATIONS IN THEIR COURTROOMS. THE AUTHOR FEELS THAT THESE FINDINGS EMPHASIZE THE FACT THAT THE MERE USE OF A PUBLIC COURTROOM DOES NOT SATISFY THE REQUIREMENTS FOR A PUBLIC TRIAL. RECOMMENDED ACTIONS INCLUDE FIRM JUDICIAL CONTROL OF COURTROOM BEHAVIOR AND ACQUISITION OF PUBLIC ADDRESS SYSTEMS WHERE NECESSARY. ...EB