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Redefining Trial by Media: Towards a critical-forensic linguistic interface applies a range of linguistic models to recast trial by media not as a sensationalist and infrequent phenomenon, but as a systematic and routine process. Using critical discourse analysis and cognitive linguistic models, this book builds a Spectrum of Trial by Media which views juries in criminal trials as moulded by ideological media-made constructions of crime. The role of these media constructions is enhanced by the isolation levied on jurors by the linguistic composition of trial language, and reinforced by the language strategies of legal professionals in court. Critically deconstructing media portrayals of crime and forensically examining the language of criminal proceedings, this book offers a redefinition of trial by media which casts the role of the press as much more prevalent in the courtroom trial than is presently appreciated.
USE THIS FIRST PARAGRAPH ONLY FOR GENERAL CATALOGS... The First Amendment right of free speech is a fragile one. Its fragility is found no less in legal opinions than in other, less specialized forms of public discourse. Both its fragility and its sometimes surprising resiliency are reflected in this book. It provides an examination of how the U.S. Supreme Court has dealt with the problem of restrictions on media coverage of the criminal justice system, as well as how lower courts have interpreted the law created by the Supreme Court. The author explores the degree to which the Court has created a coherent body of law that protects free expression values while permitting reasonable government regulation, and examines the Supreme Court's jurisprudence concerning prior restraints, post-publication sanctions on the press, and their right of access to criminal proceedings. This is a study of the evolution of constitutional doctrine -- particularly when transported from the rarefied air of the Supreme Court to lower court judges who may not share the values of the jurists above them in the judicial hierarchy. The book's greatest strength lies in its thorough analysis and critique of how judges apply First Amendment doctrine to the complex problem of providing for both a "free press" and "fair trials." Much of the available literature on this topic focuses on legal doctrine, but with attention to the legal rules that emerge from the courts, rather than examining and critiquing the judicial techniques that produce those rules. Moreover, although a significant body of scholarship has explored Supreme Court doctrine, this work is one of the few that trace the influence of those doctrines through lower federal court decisions. The hope is to produce a reasonably accurate -- if partial -- picture of how intermediate appellate and trial courts use U.S. Supreme Court doctrine to decide First Amendment cases. Note: This book is necessarily influenced by the 'round-the-clock' press coverage of the recent O.J. Simpson trial. Although the Simpson case did not make new law, the trial and its outcome seem to be -- at this writing -- an inescapable part of how many people think about these issues. The simple truth, however, is that the Simpson case was an anomaly that has little relation to the everyday concerns of media coverage of the criminal justice system. While the venerable "parade of horribles" can be an effective strategy for the legal advocate, it is not always the ideal way to address larger concerns, particularly when fundamental rights are at stake.
The essays discuss the restrictions imposed by contempt of court and other laws on media freedom to attend and report legal proceedings. Part I contains leading articles on the open justice principle. They examine the extent to which departures from that principle should be allowed to protect the rights of parties, in particular the accused in criminal proceedings, to a fair trial, and their interest in being rehabilitated in society after proceedings have been concluded. The essays in Part II examine the topical issue of whether open justice entails a right to film and broadcast legal proceedings. The articles in Part III are concerned with the application of contempt of court to prejudicial media publicity; they discuss whether it is possible to prevent prejudice without sacrificing media freedom. Another aspect of media freedom and contempt of court is canvassed in Part IV: whether journalists should enjoy a privilege not to reveal their sources of information.
Perhaps no drama catches the interest of the American public more than a spectacular trial. Even though the reporting of a crime may quickly diminish in news value, the trial lingers while drama builds. Although this has become seemingly more pronounced in recent years with the popularity of televised trials, public interest in criminal trials was just as high in 1735 when John Peter Zenger defended his right to free speech, or in 1893 when Lizzie Borden was tried for the murder of her father and stepmother. This book tells the stories of sixteen significant trials in American history and their media coverage, from the Zenger trial in 1735 to the O. J. Simpson trial in 1995. Each chapter relates the history of events leading up to the trial, the people involved, and how the crimes and subsequent trials were reported.
This critical study of seven popular trials illustrates the interaction of the law and the mass media. The seven are the 17th century trial of Dr. Henry Sacheverell, and the 20th century trials of Scopes, the Chicago Seven, the Catonsville Nine, John Hinckley, Claus von Bulow, and San Diego Mayor Roger Hedgecock. Annotation copyrighted by Book News, Inc., Portland, OR
To what extent should media coverage of criminal court proceedings be permitted? The central issue is how to strike a balance between the public's right to information and the individual's right to privacy. Freedman reviews the underlying legal principles and constitutional issues and describes important case law. He analyzes situations in which photographing, broadcasting, and televising in the courtroom are currently allowed and examines the relationship between the presence of media equipment during criminal trials and the actions of trial lawyers. The issue of media coverage as it relates to civil trials is also addressed, and British practices regarding press and media coverage of court proceedings are offered for comparison. Legal Information Alert Freedman here presents a comprehensive discussion of an issue of growing importance to both the legal profession and the communications industry: the extent to which media coverage of criminal court proceedings should be permitted. As Freedman points out, the central question is how to strike the appropriate balance between the public's right to information and the individual's right to privacy. In Press and Media Access to the Criminal Courtroom, he reviews the underlying legal principles and constitutional issues, describes the important cases that have shaped current legal thinking, and provides citations of the applicable case law.
Perhaps no drama catches the interest of the American public more than a spectacular trial. Even though the reporting of a crime may quickly diminish in news value, the trial lingers while drama builds. Although this has become seemingly more pronounced in recent years with the popularity of televised trials, public interest in criminal trials was just as high in 1735 when John Peter Zenger defended his right to free speech, or in 1893 when Lizzie Borden was tried for the murder of her father and stepmother. This book tells the stories of sixteen significant trials in American history and thei.
Current research on media and the law has generally been atheoretical and contradictory. This volume explains why pretrial publicity is unlikely to affect the outcome of most jury trials, despite many experimental studies claiming to show the influence of publicity. It reviews existing literature on the topic and includes results from the authors' own research in an effort to answer four questions: *Does pretrial publicity bias the outcome of trials? *If it has an effect, under what conditions does this effect emerge? *What remedies should courts apply in situations where pretrial publicity may have an effect? *How does pretrial publicity relate to broader questions of justice? Reporting research based on actual trial outcomes rather than on artificial laboratory studies, Free Press vs. Fair Trials examines publicity in the context of the whole judicial system and media system. After a thorough review of research into pretrial publicity, the authors argue that the criminal justice system's remedies are likely to be effective in most cases and that there are much larger obstacles confronting defendants than publicity. This book presents the first extensive study of the influence of pretrial publicity on actual criminal trials, with results that challenge years of experimental research and call for more sophisticated study of the intersection of media and criminal justice. It is required reading for scholars in media law, media effects, legal communication, criminal justice, and related areas.
The book is released with an Introductory Article by Prof. Denis McQuail on Future of Field of Communication. The collection essays are part of ICMCS 2017, an International conference organized by Amity University, Rajasthan in 2017.
This book provides a comprehensive account of the discipline of Critical Discourse Analysis (CDA) and demonstrates multiple linguistic methods through which it exposes and demystifies ideologies that are present in institutional discourse. The book enables readers to critique the complexities of the relationship between language and power to expose the ideological operation of discourse. Proceeding from a theoretical grounding for CDA in contemporary society, the book comprises analysis of a wide range of discourse examples, including the news media, political speeches, public service leaflets and social media. Readers are guided through a diverse range of models in CDA in order to scrutinise and assess the role of language in society and to consider and challenge the principles of powerful networks, institutions and organisations.