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NCJRS Abstract

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NCJ Number: 76670 Find in a Library
Title: Rights of Fair Trial and Free Press - The American Bar Association Standards - An Information Manual for the Bar, News Media, Law Enforcement Officials and Courts
Author(s): L B Andrews
Corporate Author: American Bar Assoc
Standing Cmtte on Assoc Communications
United States of America
Date Published: 1981
Page Count: 70
Sponsoring Agency: American Bar Assoc
Chicago, IL 60637
American Bar Association
Sale Source: American Bar Association
United States of America
Type: Historical Overview
Language: English
Country: United States of America
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.
Index Term(s): ABA criminal justice standards; Freedom of the press; Judicial decisions; Right to fair trial; US Supreme Court
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