The problem-free trial-free press is considered to be one of the most troublesome issues in the modern US Constitution. The role of media in the courtroom provides emotional involvement of the society into the lives of other people. It is important to underline the fact that media affects the flow of proceedings and passing the verdicts. The problem of the press and system of justice interconnection is based on the freedom rights against the interference of the government in accordance with the Constitution Amendments; every person has a right to a public trial before the one of an impartial jury. The problem of a free press and free trial is still in conflict and is to be solved through certain accommodations in order to provide fair court proceedings and full media access. (Phillipson, 15)
The broadcast of crime news is considered to play an influential role in the impartial jury’s fair trial. The media forms the publicity opinion disclosing the details of the prosecution’s case telling about the past of the defendant and highlighting everything in the news. In order not to contradict the Constitution Amendments and balance the media involvement in the system of justice it is necessary to the Court’s media coordinator who will provide the media with the answers as to court proceedings at a meeting organized for media representatives. The court proceedings will permit only one operator and video camera and a single audio system; this step will provide certain control over media interference with the case proceedings and will not contradict their freedoms. (Parsons, Media Guidelines)
To protect the court trial from the influence of public opinion and the pressure on the part of the press representatives and high case promotion, it is necessary to close the trial and question the jurors directly as to the potential prejudices. A procedure like this is called ‘voir dire’ and is aimed at jurors’ opinion expression as to media publicity. The parties of the criminal trial can dismiss several jurors on the basis of peremptory challenges. This type of protective order can be considered helpful in important cases proceedings as it allows drawing a line between the press and the court. (Overbeck, 297)
The US courtrooms are usually open to publicity and hearings are not prohibited from the press; courtroom closure can become an important step in protecting the defendant’s right and ensuring a fair trial. It is necessary to underline the fact that the courts have the right to assure the information secrecy through the closure of the hearing. In most cases the police investigation details and all the data provided is to be kept confidential; the rights of the media will not be limited as the court’s actions are in accordance with their rights and legal regulations. (Overbeck, 302)
American free society has a complete right to be aware of the court proceedings through the press and media; nevertheless, the conflict between the court and the media appeared to be very sharp as crime news, papers, and internet videos highlighting the cases from the general opinion of the society and provide the pressure on the judicial system. Media and law are closely interconnected with each other, though media freedoms provided by Constitution can be contradicted to defendants’ rights of confidentiality and privacy protection, that is why it is important to take measures in order to mild the conflict.
References
Overbeck, W. Major Principles of Media Law. Cengage Learning, 2006.
Parsons, W. Media Guidelines. Media Procedures for Special Interest. 2007. Web.
Phillipson, G. Trial by Media: The Betrayal of the First Amendment’s Purpose. Law & Contemp. Probs. 15. 2007.