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Atlanta Child Murders — Part 21
Page 37
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; accused 40! purse, there ta nothing that af rikes the Pao
press from reporting events that transpire -in the Courtroos :
But where there is a reasonable 1{kel {hood thst prejudicial’
news prior to trial will prevent a fair trial, the Judge
should continue the ase until the threat abates, or trans
“it to anotber county not so permeated with publicity. In
= reredial peasures wie will ‘prevent the prejudice at ter ,
. inception, “the courts eust, take such steps by rule and.
requiation that will protect thels processes from bredudict/
outeide interferences, xeither pronecutors, counsel for
gefense, she sceused, ALDABESE A court staff nor enforcenent’s
“ween counsel and the ‘press ‘as - information sttectins ‘the
fairness of a criminal trial is not only subject te reguia-
tion, bot ids highly censurable and vorthy of disciplinary
peasuree." Id,, ot 362~363 (emphasis added).
The 0.5. Supreme Court in Febresks Press Association v.
Stvart observed "... that pretrial publicity--even pervasive,
fj adverse pudlicity--does not inevitably lead to an unfair trial.
The cepacity of the jury eventually expaneled to decide the czse
fairly 4s influenced by the tone and extent of the /Publicity,
rat.
which is in part, and often in large part, sheped by what attorme ft
police and other officisis do to precipitate news coverage. ‘The
trial judge has a major responsibility. ‘What the Judge says about
a case, in or out of the courtroom, is likely to appear foe ews
papers and breadcests, More important, the measures a Judge takesh
or fails to take to mitigate the effects of pretefay pablieity--
the measures Gescribed im Sheppard--may well determine whether
the Defendant receives a trial consistent with” the requirenents
of Cue proceBs.., .*
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