15-07-2003 02:03									#1
	Free Speech vs Due Process/Fair Trial Support Apolyton buy from Amazon

I've had enough with the Laci Petersen coverage, the Kobe Bryant rape talk, the Robert Blake case, OJ, the snipers, the list goes on...

My question is simple. Does excessive media coverage of legal proceedings affect the defendant's rights to a fair trial by an impartial jury? Should the media be allowed to cover impending or current legal proceedings to the extent it does now?

Discuss...


In my opinion, the media should be restricted in it's coverage of legal matters until they are concluded. Other than satisfying the curiousity of news junkies, there's no logical reason why these stories should be as public as they are. In fact, I believe that the excessive media attention only hurts the justice system, it's ability to provide defendants with their constitutional right to a fair trial by impartial jury, and it's damn annoying to see such coverage when there are more important and interesting things going on in the world.

IIRC, Britain's media has such restrictions on what they can report about pending legal matters. It seems to work for them. I'd appreciate comments from our UK posters on this topic, as well.

After such legal matters are concluded, the media can report what they would normally report. But I feel that a restriction in this regard is justified and would be a healthy practice for the US media.

	15-07-2003 02:05									#2
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What did Kobe allegedly do? I've seen his face in some stories concerning a trial recently, but don't know anything more than that...

	15-07-2003 02:06									#3
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Also, judges in Canada regularly put out gag orders on certain cases, usually ones involving celebrities or of such a gruesome nature that they have inspired curiousity on their own merits.

	15-07-2003 02:07									#4
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Right. Cover wars to the point of being in the way, but not legal cases.
What makes you think that hurts the defense?
The press investigates also.
Maybe without the eyes of the press, prisoners would be roughed up.
As far as Britain, your point didn't help the departed Princess much.

	15-07-2003 02:07									#5
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quote: Originally posted by KrazyHorse What did Kobe allegedly do? I've seen his face in some stories concerning a trial recently, but don't know anything more than that...

the words, "sexual assault, rape, sexual misconduct" have been used. The media has been holding open discussions on whether or not "Kobe did it". But yet, nobody in the public has access to the facts, and cannot make an educated decision. People are jumping to conclusions, and with such national attention, any potential jury pools have become polluted.

Please don't discuss these matters... I don't want this turning into a gossip thread... stick to the topic please.

thanks

	15-07-2003 02:08									#6
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That he has sexually assaulted a woman.

Personally, I think it's a bunch of ****.

	15-07-2003 02:09									#7
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Sorry sava.

Anyway, I think that due trial is more important.

	15-07-2003 02:09									#8
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quote: Originally posted by SlowwHand Right. Cover wars to the point of being in the way, but not legal cases.

I didn't comment on that topic.

quote: What makes you think that hurts the defense?

pollutes jury pools

quote: The press investigates also.

The press doesn't work for the government. If they decide to investigate, they should report their findings to authorities

quote: Maybe without the eyes of the press, prisoners would be roughed up.

I doubt this matter is relevant

quote: As far as Britain, your point didn't help the departed Princess much.

That happened in France, numb nuts.

	15-07-2003 02:10									#9
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Free Speech should be protected as far as it does not slander or impair national security. Even with excessive media coverage, there can still be a fair trial on the merits. That is what voire dire is for.

	15-07-2003 02:10									#10
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quote: Originally posted by Azazel Sorry sava. Anyway, I think that due trial is more important.

Bingo. The sharks can wait until a verdict's been delivered.

	15-07-2003 02:11									#11
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quote: If they decide to investigate, they should report their findings to authorities

Why should the press give information that may be damaging to the prosecution TO the prosecution? If they report it, then perhaps the defendant can have a better chance.

	15-07-2003 02:12									#12
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I fully agree with Sava (hmm, first time): the rights of the defendent are paramount. At a minimum, the name fo the defendent should be kept secret once an indictment comes down. When the police are looking fo s ausspect, then the rpess has the right to say whom the cops are looking for, but once the trial begins, the press needs to respect the rights of the individual on trial, and not to taint the jurry pool.

	15-07-2003 02:13									#13
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quote: Why should the press give information that may be damaging to the prosecution TO the prosecution? If they report it, then perhaps the defendant can have a better chance.

IIRC, if someone has information relevant to a criminal investigation, and they don't divulge it, isn't that Obstruction of Justice?

	15-07-2003 02:14									#14
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quote: Originally posted by Imran Siddiqui quote: If they decide to investigate, they should report their findings to authorities Why should the press give information that may be damaging to the prosecution TO the prosecution? If they report it, then perhaps the defendant can have a better chance.

Or a worse chance: no matter, the public can get to know what is going on in the trial: show up, most courts are open to the public.

	15-07-2003 02:14									#15
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The goal of free speech in society is to fix wrongdoings, and to create the best way of action through public debate. And while I know that the "right" holds to all other uses of free speech, such as porn, I also know that the 'right' to a fair trial is important, and this case is the core of this "right".

	15-07-2003 02:15									#16
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How can evidence be excluded from a jury's mind (as it sometimes is rightfully done) when the jury's heard all about it for months on CNN?

	15-07-2003 02:18									#17
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quote: IIRC, if someone has information relevant to a criminal investigation, and they don't divulge it, isn't that Obstruction of Justice?

No. It's only Obstruction if you are asked and you do not divulge. Then again, there is always the option of taking the 5th.

	15-07-2003 02:18									#18
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Only until you're given immunity.

	15-07-2003 02:19									#19
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there are some restrictions here, but not a huge ammount (look at the media circus surrounding the jeffery archer trial for example). most of the restrictions relate to things like minors, victims of certain types of crime (rape and connected offences, generally) and of course national security. sometimes 'gaging orders' will be issued in the same circumstances that KH mentioned, but these aren't that common.

	15-07-2003 02:20									#20
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Well you can still refuse to answer if the questions will incriminate you.

	15-07-2003 02:21									#21
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I think the interest of utterly unaffected third parties to know all the particulars of a case are secondary to the rights of the defendant in the case. Those other parties that are directly affected have the right to be in the courtroom, or contct people who are.

	15-07-2003 02:22									#22
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I have been led to believe that if you're given immunity from any subject brought up by the questions then you can be forced to testify, since your right against self-incrimination cannot be invoked when the government has given you immunity from prosecution.

	15-07-2003 02:25									#24
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quote: I have been led to believe that if you're given immunity from any subject brought up by the questions then you can be forced to testify, since your right against self-incrimination cannot be invoked when the government has given you immunity from prosecution.

I think that you still don't have to testify... just that you immunity gets taken away then .

	15-07-2003 02:41									#25
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quote: Originally posted by KrazyHorse I have been led to believe that if you're given immunity from any subject brought up by the questions then you can be forced to testify, since your right against self-incrimination cannot be invoked when the government has given you immunity from prosecution.

It depends on the nature of the immunity grant.

There are two problem areas - one where a crime (or related crimes) may be chargeable in different jurisdictions, and the other where you may have a limited grant of immunity about a particular subject, but that subject is part of a broader criminal enterprise.

Imran - if you refuse to testify after a properly scoped grant of immunity, then you get OJ plus whatever you could be charged with once the immunity grant is revoked.

	15-07-2003 02:46									#26
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Numb nuts?

	15-07-2003 02:47									#27
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MtG... what's you take on this matter?

	15-07-2003 02:47									#28
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quote: Originally posted by SlowwHand Numb nuts?

	15-07-2003 02:52									#29
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Ooops

	15-07-2003 02:55									#30
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From what I've seen lately, defense lawyers are all too happy to put on the makeup and get in front of the camera. What do you do with those types?