(Download) "Toward a Limited Right of Access to Jury Deliberations." by Federal Communications Law Journal * eBook PDF Kindle ePub Free
eBook details
- Title: Toward a Limited Right of Access to Jury Deliberations.
- Author : Federal Communications Law Journal
- Release Date : January 01, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 287 KB
Description
Nothing in the Constitution prohibits the recording or publication of jury deliberations. As with any other judicial function in our democratic society, the public relies on the work and product of the jury to ensure that justice is done. Unlike any other governmental deliberative process, jury deliberations receive unparalleled protection from the glare of the public eye. An increasing mistrust of the jury has resulted from public displeasure with the results in high profile cases. In addition, access to jurors and the contents of the deliberative process is increasing through the prevalence of postverdict interviews. When freely given, the First Amendment almost insurmountably protects this post-verdict testimony. Under a contemporary reading of Richmond Newspapers, Inc. v. Virginia, (1) faithful to one prong of that majority opinion, (2) and in consideration of the current "treatment" of jury anonymity, (3) a limited right of access should attach to jury deliberations after the end of trial. This right of access should be subject to limitations designed to protect both defendants' fair trial rights and juror privacy and safety. (4)