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Atlanta Child Murders — Part 21
Page 37
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accuned «0! purge, there is nothing that af tikes the
press from reporting events that transpire-in the courtroor,
news prior te trial will prevent a fair trial, the Judge
“it to another county not £0 permeated with publicity, In
addition, sequestration of the jury wan senething the Judg x
should have raised wot sponte with ‘counsel, If publicdty Mt
eae *. s) rr "een an me .
; ; during. tbe proceedings! threatens the. fairness of the ae eta
eT ae ae -
a new ce whoula Be ordéred.- * Bat. ve must renexder that’.
a . Bs
“reversals are bet peildativess ‘the cure lies tn those
Paras |
are
inception, ‘The courts must take such steps by rule and . we
~~
* ak,
officers coming under the jurisdiction of the court should «
Stuart observed “... that pretrial publicity--even pervasive,
averse pudlicity+-does not inevitably lead to an unfair trial.
‘The capacity of the jury eventually expaneled to decide the cese
fairly is inflvenced by the tone and extent of the publics
which ia (n part, and often in large part, sheped by what attorna
police ané other officials do to precipitate news coverage. The
a case, in or opt of the courtroom, ie likely to appear do Rew”
papers and breadcesta, More important, the measures a Judge taxesh
te
or fails to take to mitigate the effects of pretrial publicity--
the measures described fa Sheppard--may well determine whether
the Defendant receives a trial consistent with’ the requirenents
of due proceBa.., .®
But where there is a reasonable 1$kelithood that seegeatesahe wart
oe ae reredial measures: that will” prevent the prejudice at its - Se at "
Ws
wh «
reqoiation that eee protect their processes from sre ejuatet® won
outside interferences, reither Pronecutors, counsel for a no
be permitted to frustrate ‘its function; ~ Collaboration bet- ‘
co
“ween counsel? and the press ‘as to information sttecting the a
fairness of # crimingl trial is not only subject to requia- ~
tien, bot is highly censurable and worthy of disciplinary
measuren." I@,, ot 3627~363 lemphasisa added).* .
The 0.5. Supreme Court in Febreska Press Association v,
Rae RT, Tot
trial judge has a major responsibility. What the Judge says aboutg.
ARO NE Aa Se el
ae IEE TOS SRA 15
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