Fair Trial and Free Expression: A Background Report Prepared for and Presented to the Subcommittee on Constitutional Rights of the Committee on the Judiciary, United States SenateU.S. Government Printing Office, 1976 - 85 páginas |
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Fair Trial and Free Expression: A Background Report Prepared for and ... A. E. Dick Howard,Sanford A. Newman Visualização integral - 1976 |
Fair Trial and Free Expression: A Background Report Prepared for and ... A. E. Dick Howard,Sanford A. Newman Visualização integral - 1976 |
Fair Trial and Free Expression: A Background Report A. E. Dick Howard,Stanford A. Newman Visualização integral - 1976 |
Palavras e frases frequentes
accused Amendment interests American Bar Association Approved Draft attorneys bench trial Branzburg cert change of venue Circuit civil clear and present concluded Congress Constitutional Rights contempt power conviction counsel courtroom decision defendant defendant's right denied direct restraints due process effective extrajudicial statements fair trial fair trial-free expression federal courts Free Press freedom of expression gag orders guarantee guidelines hearing impartial indicate infra Judicial Conference judicial proceedings jurors jury trial legislation litigation Moreover Nebraska Press Association opinion orders restricting parties pending prejudicial publicity present danger pretrial prior restraint procedural prohibited prosecution protect public trial Reardon Report reasonable likelihood recommended regarding release of information restrictions on trial right of access rules Sheppard silence order Sixth Amendment special orders speech standard suggested supra Supreme Court Task Force tion Trial and Free trial judge trial participants trial-free expression issue trial-free expression problem United violation voir dire witnesses
Passagens conhecidas
Página 54 - States shall have the power to prescribe, by general rules, for the district courts of the United States and for the courts of the District of Columbia, the forms of process, writs, pleadings, and motions, and the practice and procedure in civil actions at law.
Página 50 - The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as Congress may from time to time ordain and establish.
Página 49 - Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control ; for the judge would then be the legislator. Were it joined to the executive power, the judge might behave with violence and oppression.
Página 57 - State on the 18th of last month, [regarding] the lines of separation drawn by the Constitution between the three departments of the government. These being in certain respects checks upon each other, and our being judges of a court in the last resort, are considerations which afford strong arguments against the propriety of our extra-judicially deciding the questions alluded to...
Página 13 - A responsible press has always been regarded as the handmaiden of effective judicial administration, especially in the criminal field. Its function in this regard is documented by an impressive record of service over several centuries. The press does not simply publish information about trials but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny and criticism.
Página 18 - The courts must take such steps by rule and regulation that will protect their processes from prejudicial outside interferences. Neither prosecutors, counsel for defense, the accused, witnesses, court staff nor enforcement officers coming under the jurisdiction of the court should be permitted to frustrate its function. Collaboration between counsel and the press as to information affecting the fairness of a criminal trial is not only subject to regulation, but is highly censurable and worthy of...
Página 10 - To hold that the mere existence of any preconceived notion as to the guilt or innocence of an accused, without more, is sufficient to rebut the presumption of a prospective juror's impartiality would be to establish an impossible standard. It is sufficient if the juror can lay aside his impression or opinion and render a verdict based on the evidence presented in court.
Página 15 - Newsmen have no constitutional right of access to the scenes of crime or disaster when the general public is excluded, and they may be prohibited from attending or publishing information about trials if such restrictions are necessary to assure a defendant a fair trial before an impartial tribunal.
Página 37 - The existence or contents of any confession, admission, or statement given by the accused, or the refusal or failure of the accused to make any statement...
Página 32 - It must be recognized that public interest is much more likely to be kindled by a controversial event of the day than by a generalization, however penetrating, of the historian or scientist. Since they punish utterances made during the pendency of a case, the judgments below therefore produce their restrictive results at the precise time when public interest in the matters discussed would naturally be at its height.