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This book is the first comprehensive analysis of the free press-fair trial debate over news cameras in the courtroom--one that discusses the issue from a historical, legal, and social scientific perspective. It incorporates the key aspects of the debate in one volume, examining witness privacy and protection, defendant reputation, the purported educational benefits of televising trials, the coverage of trials from an entertainment or voyeurisitic perspective, and whether any proposed benefits of televising trials are negated by potential negative costs to the participants involved or the audience in general.
Looking at the effects of both allowing and barring television coverage of legal proceedings, Cohn (the Thomas Jefferson School of Law) and Dow, a retired CBS News correspondent, examine landmark televised trials, including those of O. J. Simpson and William Kennedy Smith, and analyze the impact of CourtTV and the history of cameras in American courtrooms. Interviews with judges, attorneys, jurors, and legal scholars shed light on the subject. This paperback reprint features a new preface by the authors, on the effect of excluding television cameras from the trial of a September 11th terrorist. Annotation copyrighted by Book News, Inc., Portland, OR
On June 30, 1997, the experiment, initiated in 1987, that gave trial judges discretion to allow televised and still-camera coverage of civil and criminal trial court proceedings in New York State came to an end. After two years of investigation, a 12-member, state-appointed committee has issued its findings and recommendations on the question of cameras in New York courts. Their results are contained in An Open Courtroom. This book offers: an introduction, executive summary; overview of the committee's work; a summary of the current law; overview of camera laws in other states and in federal courts; summary of the committee's record; the committee's assessment and conclusions; recommendation; appendices which include the results of a jurist poll and the committee's judicial survey, interviews, and other pertinent data; and a minority report/ dissent arguing against the committee's recommendations.
The issue of whether or not to allow video cameras into the courtroom has been discussed and debated by Members of Congress, the legal community, journalists, and the public since the introduction of newsreel films in the early 20th century. Technological advances have shifted some of the considerations in this ongoing dialogue, as newsreel cameras gave way to television cameras and Internet video. Increasingly, new technology makes video recording less disruptive, accessible to more people, and able to be distributed quickly, if not instantaneously. Most state courts, and several international supreme courts, allow video cameras to record and televise, or otherwise broadcast, their proceedings under certain circumstances. This book is not intended to provide a legal analysis of court cases relevant to the use of video cameras in federal courtrooms. This book provides information about the current judicial policies and attitudes related to video camera use in the U.S. Supreme Court, federal circuit courts, and federal district courts; summaries of the major debates and considerations for policymakers on the subject of courtroom cameras, including the appropriateness of congressional action, standards for public and media access to the courts, and potential effects on courtroom proceedings; descriptions of the four legislative proposals currently before the 114th Congress, including the Cameras in the Courtroom Act (H.R. 94 and S. 780), the Sunshine in the Courtroom Act (H.R. 917 and S. 783), the Transparency in Government Act (H.R. 1381), and the Eyes on the Courts Act (H.R. 3723); and complementary policy measures that might accomplish similar objectives.
The "cameras in the courtroom" legal issue has recently expanded to include handheld image dissemination and real-time reporting using cell phones, laptops, and third-party platforms such as Twitter. This new system of technology is often referred to as "Web 2.0." The judiciary and the press constantly face new legal and ethical issues related to the use of such technology, and this study is one of the first comprehensive scholarly analyses of this legal problem. While every state permits some type of camera coverage and has a law on the subject, few states have laws that specifically address the use of electronic devices to send information (text, audio, video, photo) directly from the courtroom. The result is an area of the law with few published court opinions and great uncertainty. This study examined the legal status of live-reporting with mobile devices in state and federal courtrooms across the country. Using court opinions, examples of successful live reporting, and existing laws, a snapshot of this evolving and understudied area was created. From this data, a model policy for courts on the use of electronic devices and list of best practices for journalists was developed. The model policy combined the experiences in different jurisdictions to offer a tool for courts to use in dealing with the increased demand for permission to live-report with mobile devices. The policy presumes that coverage is permitted, a presumption supported by the historical and legal foundations of the law in this area, but also considers the logistical requirements of managing a court and the essential need for respect for the court and the judge. The best practices approach the issue from the perspective of journalists, providing a framework for practicing journalists that will aid them in educating court professionals and enhancing their chances for initial and continuing permission to report live from courtrooms.