Media Coverage and the Right to a Fair Trial

In her written literary argument last November 9 2005, Barbara E. Bergman, the President of the National stand of Criminal excuse Lawyers, aptly stated in behalf of the NACDL that the fundamental homecoming of every criminal political campaign is not to entertain, nor to educate, besides to administer legal expert1.The controversy regarding whether media reporting of criminal streaks is detrimental to a fair trial or not is hotly debated and difficult to balance. plain high caliber lawyers have not reached a general consensus about the going. The tension in the midst of the pros and cons of the state subject is still being balanced every time process of litigation is on going. Questions arising from this issue heterogeneous How much of the media be allowed? Will it be helpful to let the media cover every trial of a particular case from start to finish?What about the parties regard? Does decision to permit the media or not be the sole right of the judge, or is it the rig ht of all the parties involved, including the defendant? These are but some of the important components that embody the whole subject. The apprehension is that, too much publicity might discover the trials fairness. The unrestrained freedom given might be used or manipulated to solve fair and just decisions on the parts of the jury and the judge.This paper covers the different views pertaining to media coverage/publicity of a trial. What are the advantages and disadvantages when media coverage is allowed? What are the effects negative or positive of the media to a fair trial?The Pros of PublicityArguments for media coverage inside the courtroom are solid and convincing. As cited by Bergman in her written testimony, it promotes polite awareness raises government accountability, and enhances legal professionalism2. Bergman was right when she percentage pointed these three positive results of opening the court to the public via media reporting. A prying press, in this case, has b ecome and is indeed a friend and complimentary to the umpire system. It exposes everything. When at that place is malpractice on the side of the police, the prosecutors, and the judges, the media is supportive and contributory in the exacting of fairness to the opposite side3.It is in addition appeasing to the public, oddly when a particular case is controversial involving celebrities or notorious personalities. The public whose curiosity have make them a part of the trial mustinessiness be given the chance to participate, or else, mistrust to enactment will take place among people in general, as a result. Media coverage is of great assistance in this area.It prevents closed door proceedings and subjects people of authority to the scrutiny of the public and hence neutralize further corruptions which could otherwise happen when media is banned from the deliberations. Another plus of the coverage of criminal trials is that it promotes respect to the justice system. It allev iates the mystery of secrecy in closed insulated proceedings. When there is no care on the part of those involved in executing justice inside hearings and open trial is rather encouraged, public trust heightens, and thus deference to any(prenominal) outcomes may it be comporting to the general sentiment of the public or not.Because there is also that damning stigma to the so-called pretrial publicity (an irony inherent to media coverage), open trial dispels this. The sequent result that oftentimes reverses the guilty verdict of the public restores the already smeared reputation of the criminal defendant. When charges are dismissed, and the untimely guilty judgment is eventually proven wrong, the supposed criminal is vindicated before the watching community.Last point in favor of media involvement, is the benefit that the government, the people, and jurisprudence itself, obtain in this process. Insights to the already wisely crafted laws are contemplated and affirmable or potent ial modification of existing laws is considered. As Barbara E. Bergman has stated in her testimony, Court TV must be credited for its considerable contributions in all of these areas4.The Cons of Media CoverageThe arguments against media involvement in judicial processes are equally convincing. There are also disadvantages to unrestrained media meddling. One primary concern is its negative effects to the parties involved in a particular litigation. The conspicuous presence of cameras inside the courtroom will affect the behaviors of the main players of a specific case.It will thus weaken the procedure or the fair administration of justice5. Because lawyers, defendants, jurors, and judges, and witnesses are aware that they are being watched, in this kind of scenario, their tendency is to act unnaturally in other words, they may act hypocritically, and this will be to the detriment of fair judicial process. In the O.J. Simpson case, there were instances when crucial witnesses withhe ld their testimonies because of fear that they are being watched by the public6.If the jurors had been made aware beforehand that the case they were discussion would be televised and publicized, the overall verdict would definitely be affected. Concern for the publics opinion of whatever the eventual decisions they will ever come up regarding the future of the defendant, will or may create into the deliberations process.ConclusionThe important thing in the whole scenario of judicial procedures everywhere is striking a balance between the pros and the cons of media involvement. First, of course is the fairness that begins in whose authority it is to say yes or no to the media. As the NACDL has forged and is straightway binding in the courts of America, all parties involved in the case Judge, Prosecutors, Defendants, etc. have to be asked. Everyone must be given the freedom to exercise his/her right. Is it consecutive that, because the eyes of the general public are watching a p articular case, it thus precludes a fair trial?Does presence of cameras in the court discredit and disrupt the proceedings? Are the participants in the hearing process judges, attorneys, jurors, and witnesses get affected negatively, and therefore conform their behavior because they are conscious that they are being watched? No one knows for sure whether these are true or not. They may be in many cases, and again, maybe not. The important thing is to strike a balance in both sides and apply what is necessary to secure due process of law. Remember, the fundamental issue in every criminal trial is the administration of justice, not entertainment nor to educate.Works CitedBergman, Barbara. 2005. Cameras in the Courtroom. National Association of Defense Criminal Lawyers accessed on April 28, 2007 in. http//judiciary.senate.gov/testimony.cfm?id=1672&wit_id=4801.Goldfarb, Ronald. The Trial of the Century Accessed on April 28, 2007I Reiner, Cameras Keep Justice schema in Focus, The Na tional Law Journal, October 23, 1995, p. A23. in Goldfarb, Ronald. The Trial of the Century Accessed on April 28, 2007Cameras in the Courtroom. 2005 National Association of Defense Criminal Lawyers in http//judiciary.senate.gov/testimony.cfm?id=1672&wit_id=4801.Ibid. Goldfarb, Ronald. The Trial of the Century. Accessed in http//www.cosmos-club.org/ blade/journals/1998/goldfarb.html http//judiciary.senate.gov/testimony.cfm?id=1672&wit_id=4801. Ibid. I Reiner, Cameras Keep Justice System in Focus, The National Law Journal, October 23, 1995, p. A23. in Goldfarb, Ronald. The Trial of the Century Accessed on April 28, 2007 in http//www.cosmos-club.org/web/journals/1998/goldfarb.htmlhttp//www.cosmos-club.org/web/journals/1998/goldfarb.html.