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Chapter 11
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Chapter 11: Free Press- Fair Trial
Restrictive Orders Aimed At Trial Participants
~ Participants must remove from their existing Web pages extrajudicial comments, allegations of prosecutorial misconduct and information discovered in the course of criminal discovery.
~Counsel for parties must avoid commenting in court papers that are not filed under seal on evidence that is irrelevant to legal matters involved in the case.
~All court personnel must not disclose any information relating to the case that is not part of public record
Chapter 11: Free Press - Fair Trial
Restrictive Orders Aimed at Trial Participants
When the federal government prosecuted Richard Scrushy, corporate chairman and CEO of Health South, federal judge in Alabama created a court order against extrajudicial statements to combat substantial press surrounding the case. The court order said:
No extrajudicial statements until the final verdict by any participant, including witnesses concerning:
1. materials provided in discovery in preparation of the case
2. Character credibility, reputation or criminal record of party or witnesses, or the expected testimony of the party or witnesses
3. Matters that counsel should know would be inadmissible at the trial and would create a substantial risk of prejudicing a trial jury
4. Opinions of the defendants guilt or innocence.
Chapter 11: Free Press- Fair Trial
Gag Order:
Chapter 11: Free Press - Fair Trial
Restrictive Order on the press, forbidding publication and broadcast of specific information. Prohibits journalist from commenting on some aspects of a pending trial.
Restrictive Orders Aimed at the Press:
Prior Restraint of the Press : Limits press coverage of certain details, including details of confession or prior criminal records.
Restrictive Orders against press are justified if these conditions are met:
1. There must be intense and pervasive publicity about the case.
2. No other alternative measure might mitigate the effects of the pretrial publicity
3. The restrictive order will in fact effectively prevent prejudicial publicity from reaching potential jurors.
Chapter 11: Free Press- Fair Trial
Restrictive Orders Aimed at Trial Participants
If attorneys, police officers, witnesses and others are forbidden from speaking about the case, reporters will be denied access to material that will be prejudicial.
Chapter 11: Free Press- Fair Trial
Restrictive Orders To Control Publicity
Restrictive orders are imposed on participants of trials and the press as a solution to reduce prejudicial publicity