skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 48187 Find in a Library
Title: LET THE PEOPLE OBSERVE THEIR COURTS
Journal: JUDICATURE  Volume:61  Issue:4  Dated:(OCTOBER 1977)  Pages:156-165
Author(s): J B WEINSTEIN; D L ZIMMERMAN
Corporate Author: American Judicature Soc
United States of America
Date Published: 1977
Page Count: 10
Sponsoring Agency: American Judicature Soc
Chicago, IL 60601-7401
Format: Article
Language: English
Country: United States of America
Annotation: ARGUMENTS FOR REDUCING THE EXTENT TO WHICH THE PUBLIC IS EXCLUDED FROM THE DEALINGS OF THE COURTS ARE PRESENTED.
Abstract: SYMBOLIC AND ACTUAL BARRIERS TO PUBLIC OBSERVATION AND UNDERSTANDING OF COURTROOM PROCEEDINGS ARE POINTED OUT, AS ARE STATE AND FEDERAL LAWS AND RULE CHANGES THAT HAVE REDUCED SECRECY IN THE COURTS. THE NEED FOR GREATER OPENNESS IN THE AREA OF JUDICIAL RULEMAKING IS CITED. IT IS SUGGESTED THAT NO COURT RULE SHOULD BECOME EFFECTIVE UNTIL IT IS PUBLISHED, SO THAT OBJECTIONS CAN BE RAISED. A MORE ENLIGHTENED RELATIONSHIP BETWEEN THE COURTS AND THE PRESS IS URGED AS A STEP THAT WOULD CONTRIBUTE SIGNIFICANTLY TO REDUCING THE 'INNER SANCTUM' ILLUSION SURROUNDING THE BENCH. CALIFORNIA'S EXPERIMENT WITH THE APPOINTMENT OF PRESS OFFICERS TO STATE COURTS AND THE U.S. SUPREME COURT'S TECHNIQUE OF PROVIDING PRESS BRIEFINGS BY LAW PROFESSORS ARE CITED. LIVE OR TAPED TELEVISION AND RADIO COVERAGE OF APPELLATE AND MOTION-LEVEL PROCEEDINGS IS RECOMMENDED. IT IS ARGUED THAT, ALTHOUGH THE SIXTH AMENDMENT RIGHT TO A FAIR TRIAL MUST BE TAKEN INTO CONSIDERATION, CONSTITUTIONAL AND PRACTICAL CONSIDERATIONS DO NOT WARRANT ABSOLUTE BARRIERS TO THE BROADCAST OF CIVIL OR CRIMINAL TRIALS. THE USE OF TELEVISED TRIALS FOR EDUCATIONAL PURPOSES BY LAW SCHOOLS IS NOTED AND ENCOURAGED. OLD PREJUDICES REGARDING THE ELECTRONIC MEDIA NEED TO BE ABANDONED AND THE PUBLIC'S RIGHT TO KNOW SHOULD BE RECOGNIZED. NOTES ARE PROVIDED. (LKM)
Index Term(s): Citizen court watching; Court rules; Fair trial-free press; Media coverage; Rape
Note: THIS ARTICLE WAS ADOPTED FROM A SPEECH AT BENJAMIN N CARDOZO SCHOOL OF LAW AT YESHIVA UNIVERSITY (NY)
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=48187

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.