Download The Importance of Open Trials and Press Access: A Legal Perspective - Prof. Eugene Senat and more Study notes Communication in PDF only on Docsity! 26-Free Press-Fair Trial Pt. 2 Why don’t we want closed courts? Why are public trials important? o “Closed trials breed suspicion of the prejudice and arbitrariness, which in turn spawns disrespect for the law. o “Public trials assure the public that procedural rights are respected, and that justice is afforded equally.” Also discourage perjury, misconduct of participants and decisions based on secret bias or partiality. They have a significant community therapeutic value… providing an outlet for community concern, hostility and emotion. U.S. Supreme Court’s court closure cases: o Richmond Newspaper v. Virginia (1980) Right of public and press to attend criminal trials is guaranteed by the FA’s protection for communication on matters relating to the functioning of government In March 1976, John Stevenson was indicted for murder. He was convicted of second-degree murder, but it was reversed. After two mistrials, the judge ordered the trial closed at the defenses wishes. The Supreme Court reversed this order on the grounds that criminal proceedings have traditionally been open. o Globe Newspaper Co., Inc. v. Superior Court (1982) They rejected a Massachuttes statute requiring mandatory courtroom closure in cases involving minor victims of sexual crimes. The Court ruled that it was unconstitutional for a Massachusetts statute to require the closure of a trial during the testimony of a juvenile sex offense victim. It did state that sexual assault cases provided the state with reasonable interest to close the case, but a mandatory closure would make it so that a victim who wished for open court could not receive it. o Press Enterprise v. Riverside County Superior Court (PEI) (1984) To close a courtroom, the trial judge must find “that closure is essential to preserve higher values and is narrowly tailored to serve that interest. The interest is to be articulated along with findings specific enough that a reviewing court can determine whether the closure order was properly entered” – USSC. “Prior to issuing a closure order, a trial court should be obliged to show that the order in question constitutes the least restrictive means available for protecting compelling state interests.” 1 Ruled that pre-trial hearings are presumptively open. o Press Enterprise v. Riverside County Superior Court (PEII) (1986) Ruled that voir dire proceedings are also presumptively open “Tests of experience and logic” Experience – courts consider whether the place and process have historically been open to the press and general public. “A tradition of accessibility implies the favorable judgment of experience. Logic – “whether public access plays a significant positive role in the functioning of the particular process in question.” If the qualified FA right of access is found to apply to the documents under the ‘experience and logic’ test, the district court may then seal the documents only if ‘closure is essential to preserve higher values and is necessary to serve that interest.’ According to the OK Court of Criminal Appeals, what does “public trial” mean? Who can attend a public trial? o “Public trial – trial at which the public is free to attend. It’s not essential to the right of attendance that a person be a relative of the accused, an attorney, a witness, or a reporter for the press. Open to all of the public. Men may have no interest whatever in the trial, except to see how justice is done in the courts of their country.” o Grand jury isn’t public. What is the test a judge should use to determine if the public and press have the FA right of access to a judicial proceeding? How has it been applied in OK? o Tests of experience and logic o The trial judge must find that closure is essential to preserve higher values and is narrowly tailored to serve that interest. The interest is to be articulated along with findings specific enough that a reviewing court can determine whether the closure order is properly entered. o OK: “Procedures required to be followed in granting immunity obliges the State’s attorney to ask the witness questions. In order to be granted immunity, the witness must refuse to answer by invoking Const. rights. This procedure, therefore, by its nature results in the disclosure of matters being inquired into by the grand jury. If the public and the media were present, secrecy surrounding grand jury proceedings would be pierced and the reasons for grand jury secrecy would be destroyed.” o It has been applied so that the public/press is restricted only as a last resort. 2
