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Atlanta Child Murders — Part 21
Page 33
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Stuart observed *.., that pretrial publicity+-even pervasive,
|} trial judge has = major responsibility.
or fails to taxe to mitigate the effects of pretrial publicity-- ¥
the measures Cescribed in Sheppard--mey well determine whether
the Defendant receives a trial consistent with’ the requirements
. . : *. > “ .
_ acous: ye course, there 4s nothing nif iribes the
press xxon reporting events that transpire-in the courtroof =
2
ire
But where there is a reasonable likelihood that prejudicia
news prior te trial will prevent a fair trial, the Judge
should continue. thé case until the threat abates, or tran
“pevereals a are tat eclblaetvess ‘the cure }ies “tn “those
remedial measures that wil}. ‘prevent the prejudice at 4 .
inception, “whe courty must take such steps by rute and
, regulation that will protect their processes from presudics ity
outeide interferences. Neither prosecutors, counsel for
defense, the accused, witnesses, ‘court staff nor enforcement
officers com ing under the jurtadiction of the court should
be emitted to frustrate its function. ~ Collaboration bet~
“ween counsel, and the ‘press ‘as to information ‘attecting the
fairness of @ criminal trial is not only subject ta regula
tion, but is highly censurable and worthy of disciplinary
meesures.* Id.; at 362-363 (emphasis added) .*
The U.S. Supreme Court in Rebraska Press Association v.
What the Judge says aboutg
3 a case, in or ovt of the courtroon, is likely te appear in news =|
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