Effects of the Media in the Courtroom
“Freedom of the press”
The media’s rights of access to the courtroom have had effects on the public, the defendants and the victims. The United States form of government’s is founded on the fundamental law of the Constitution of the United States and its Bill of Rights. The Constitution has Amendments which are designed as protection of an individual “rights” against governmental interference with their freedoms. Freedoms that includes, “freedoms of speech”, “freedom of the press”, and the “right of assembly” and “freedom of religion” with the guarantee of a separation of church and state, and many other rights which also obtain their protection from Amendments of Constitution. Can these rights conflict? Can we have a fair trial and a free Press?
The press has played a critical role in America’s history, it was instrumental in bring about American’s Revolution. However, not everyone was impressed with the Media’s role, or place. George Washington believed the press should be firmly "managed" and kept in its place. While Jefferson disagreed and declared "nature has given to man no other means [than the press] of sifting out the truth either in religion, law, or politics."(Grunwald, 1979).
The desire of the citizen’s need or desire to know and armed with the Constitutional right of “the Freedom of the press”, it was natural that the media would eventually start covering courtroom events and cases. The media’s courtroom mission is to report on courtroom activities and proceedings in an effort to keep the public inform, it also allows the public to see how the judicial system works and allowing the citizens to witness the system in operation for themselves, insuring that all trials are fair and unbiased. But is this the case? Is the media’s coverage fair and unbiased?
Effects of the media on the defendants
Fifth Amendment to the U.S. Constitution provides a defendant cannot "be compelled in any criminal case to be a witness against himself." Meaning, the
The media’s rights of access to the courtroom have had effects on the public, the defendants and the victims. The United States form of government’s is founded on the fundamental law of the Constitution of the United States and its Bill of Rights. The Constitution has Amendments which are designed as protection of an individual “rights” against governmental interference with their freedoms. Freedoms that includes, “freedoms of speech”, “freedom of the press”, and the “right of assembly” and “freedom of religion” with the guarantee of a separation of church and state, and many other rights which also obtain their protection from Amendments of Constitution. Can these rights conflict? Can we have a fair trial and a free Press?
The press has played a critical role in America’s history, it was instrumental in bring about American’s Revolution. However, not everyone was impressed with the Media’s role, or place. George Washington believed the press should be firmly "managed" and kept in its place. While Jefferson disagreed and declared "nature has given to man no other means [than the press] of sifting out the truth either in religion, law, or politics."(Grunwald, 1979).
The desire of the citizen’s need or desire to know and armed with the Constitutional right of “the Freedom of the press”, it was natural that the media would eventually start covering courtroom events and cases. The media’s courtroom mission is to report on courtroom activities and proceedings in an effort to keep the public inform, it also allows the public to see how the judicial system works and allowing the citizens to witness the system in operation for themselves, insuring that all trials are fair and unbiased. But is this the case? Is the media’s coverage fair and unbiased?
Effects of the media on the defendants
Fifth Amendment to the U.S. Constitution provides a defendant cannot "be compelled in any criminal case to be a witness against himself." Meaning, the
References: Adam, S. (n/d). The Sam Sheppard Trial. Providence College in Providence, Rhode Island. Retrieved September 8, 2008, from http://www.providence.edu/polisci/students/sheppard_trial/media.htm Carter, C. A. (1981). Media in the Courts. National Criminal Justice Reference Service. Retrieved August 25, 2008, from http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=77571. Grunwald, H. (1979, July 16). The Press, the Courts and the Country. Time Magazine. Retrieved September 8, 2008 from http://www.time.com/time/magazine/article/0,9171,920536-2,00.html Howard, H. (n/d). The Courts and Media Coverage. Lectric Law Library. Retrieved August 25, 2008, from http://www.lectlaw.com/files/jud08.htm. Rosen, R. E. (1990). Liberal Battle Zones and the Study of Law and the Media. Law and Human Behavior, 14.(5), 511-521.Retrieved August 25, 2008, from http://www.jstor.org/pss/1393938.