Televised trial
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Courtroom photographing, videotaping and broadcasting is restricted in many jurisdictions. The law varies from limited film and electronic media coverage in some countries, to a complete ban in others.


United States

In the US, photography and broadcasting is permitted in some courtrooms but not in others. Some argue that use of media during courtroom proceedings presents a mockery of the judicial system, though the issue has been contested at length. The presence of cameras can create fallacious information that can damage the reputation for the courts and the trust from the public and/or viewers observing the televised proceedings. Many famous trials, such as the O.J. Simpson murder trial, were televised. In the wake of the O.J. trial, however, many judges decided to ban cameras from their courtrooms. Immediately after that trial, California Governor Pete Wilson announced his opposition to televised trials, and he later asked the
Judicial Council The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
to consider reinstituting the ban on film and electronic media coverage of criminal trials. It has been argued, however, that the Simpson case was an anomaly that has little relation to the everyday concerns of media coverage of the criminal justice system.
Federal Rule of Criminal Procedure The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts and the general trial courts of the U.S. government. They are the companion to the Fed ...
53 states, "Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom." However, some federal courtrooms experimented with cameras from 1991 to 1994. The courts have thus far been unwilling to overturn the ban on cameras, citing "concerns with expenditure of judicial time on administration and oversight of broadcasting; the necessity of sequestering juries so that they will not look at the television program of the trial itself; the difficulty in empaneling an impartial jury in the case of a retrial; the necessity of larger jury panels or increased use of marshals; the psychological effects on witnesses, jurors, lawyers, and judges; and related considerations of 'solemnity,' 'dignity,' and the like." In 1996, Justice David Souter said, "The day you see a camera come into our courtroom it’s going to roll over my dead body."
U.S. Senator The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and powe ...
Arlen Specter has proposed televising U.S. Supreme Court proceedings. The Sunshine in the Courtroom Act, introduced by
Charles Grassley Charles Ernest Grassley (born September 17, 1933) is an American politician serving as the president pro tempore emeritus of the United States Senate, and the senior United States senator from Iowa, having held the seat since 1981. In 2022, he ...
, would "authorize the presiding judge of a
U.S. appellate court The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 11 numbered circuits that cover geographic areas of the United States and hear appeals fro ...
or
U.S. district court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district cou ...
to permit the photographing, electronic recording, broadcasting, or televising to the public of court proceedings over which that judge presides." The Senate Judiciary Committee has recommended that it be considered by the Senate as a whole. In 1965, the U.S. Supreme Court ruled, "The television industry, like other institutions, has a proper area of activities and limitations beyond which it cannot go with its cameras. That area does not extend into an American courtroom. On entering that hallowed sanctuary, where the lives, liberty and property of people are in jeopardy, television representatives have only the rights of the general public, namely, to be present, to observe the proceedings, and thereafter, if they choose, to report them." In the 1981 case ''
Chandler v. Florida ''Chandler v. Florida'', 449 U.S. 560 (1981), was a legal case in which the Supreme Court of the United States held that a state could allow the broadcast and still photography coverage of criminal trials. While refraining from formally overrulin ...
'', the U.S. Supreme Court ruled that televising trials does not, per se, violate
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual pers ...
. Although the U.S. Constitution contains a
public trial clause The Sixth Amendment (Amendment VI) to the United States Constitution sets forth rights related to criminal prosecutions. It was ratified in 1791 as part of the United States Bill of Rights. The Supreme Court has applied the protections of this ...
, it has been argued that the requirement of a public trial was created and satisfied when there were no broadcasters or telecasters and few newspapers. In some cases,
jury deliberations Deliberation is a process of thoughtfully weighing options, usually prior to voting. Deliberation emphasizes the use of logic and reason as opposed to power-struggle, creativity, or dialogue. Group decisions are generally made after deliberatio ...
have been publicly broadcast. Since 1955, the U.S. Supreme Court has made audio recordings of all its proceedings, which have been released more quickly over time. During the
COVID-19 pandemic in the United States The COVID-19 pandemic in the United States is a part of the COVID-19 pandemic, worldwide pandemic of COVID-19, coronavirus disease 2019 (COVID-19) caused by SARS-CoV-2, severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). In the Uni ...
, the court started allowing the public to listen in real time.


United Kingdom

Photography and broadcasting of a
Crown Court The Crown Court is the court of first instance of England and Wales responsible for hearing all Indictable offence, indictable offences, some Hybrid offence, either way offences and appeals lied to it by the Magistrates' court, magistrates' court ...
case in the United Kingdom was illegal from 1925 until June 2020 per code 41 of the
Criminal Justice Act Criminal Justice Act (with its many variations) is a stock short title used for legislation in Canada, Malaysia, the Republic of Ireland and the United Kingdom relating to the criminal law (including both substantive and procedural aspects of that ...
and the Contempt of Court Act. In 2004, a small number of cases in the Court of Appeal were filmed in a trial basis. Other courts have begun to allow photography and filming in the early 21st century; the
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
has permitted filming since 2009 while the Court of Appeal has allowed it on a regular basis since 2013. The second trial in 2012 for the Murder of Arlene Fraser in the High Court of Justiciary was later broadcast on Channel 4. In June 2020, the Crown Court (Recording and Broadcasting) Order 2020 was passed. According to the Ministry of Justice, filming in the Crown Court is expected to commence as soon as practicable after recovery from COVID-19 disruption. Only the judge will be filmed, recording only sentencing remarks in serious high-profile criminal cases, as was the case with the sentencing of Ben Oliver in July 2022. Russell Causley, who was convicted of the murder of his first wife Carole, may be the first person to have a public parole hearing in October 2022. Some disadvantages of televised trials, from the point of view of the media, are that the proceedings are static visually, consume large amounts of
TV crew Television crew positions are derived from those of film crew, but with several differences. Pre-production : Work before shooting begins is called the pre-production stage. The crew in this stage include the casting director, costume desig ...
time, and are sometimes difficult for the viewers to understand.


Australia

The High Court of Australia has started allowing video recordings of Full Court proceedings, since 1 October 2013. In its press release explaining this step, the High Court made the point that " tsdecision to take these steps was made having regard to the nature of its jurisdiction and is not intended to set any precedent for other courts". The High Court of Australia is the highest court in the Australian judicial system.


Ukraine

Since 2014, Ukraine has allowed videotaping of court sessions without obtaining the specific permission of the judge, within the limitations established by law. In 2015 the Open Court Project launched with the aim of videotaping court proceedings in civil, commercial, administrative cases. The Open Court Project has videotaped over 7000 court cases in courts at different levels. The videos are stored, indexed and published in the public domain. In 2017 NGO Open Ukraine has launched the VR Court Project aimed at videotaping court sessions with 3D 360 degree portable video cameras to create VR video records of court sessions.


Brazil

In Brazil, each court decides if a court session can be photographed or broadcast. The Brazilian
Supreme Federal Court The Supreme Federal Court ( pt, Supremo Tribunal Federal, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the Constitutional Court of the country. It is the highest court of law in Brazil for consti ...
and Superior Electoral Court broadcasts all its proceedings in real time since 2002 by its TV channel
TV Justiça TV Justiça (''Justice TV'' in Portuguese) is a Brazilian television channel owned by the Brazilian Judicial branch and administered by the Brazilian Supreme Federal Court. It was launched on August 11, 2002. The channel is dedicated mainly to ...
, as well on its YouTube channel. Many Brazilian state courts also allow their sessions to be broadcast.


Controversy

Daniel M. Kolkey argues that televising trials can distort the truth-seeking process of a criminal trial and chill witnesses' willingness to cooperate; that televising trials interferes with the privacy of victims, witnesses and defendants; that the decision whether to televise trials does not lend itself to a case-by-case determination; and that televising trials can transform them into a form of entertainment which can undermine the dignity of, and respect for, our judicial institutions. Bryan Goebel counter-argues that there is no evidence to support claims that cameras have any greater psychological effect than a packed courtroom of strangers or that the cameras undermine truthful testimony. It has been pointed out that inasmuch as no trial can be reproduced in laboratory conditions, scientific experimentation is not possible, and we thus have no empirical data on the effect of television on a criminal trial. It has been argued that because the majority of Americans have had no personal experience with the legal system, and because the majority of Americans get their information about the world solely from television, the portrayal of justice on television is extremely important to the continued viability of the legal system and to the individual's understanding of that system. Senator Charles Schumer argued, "Courts are an important part of our government, and the more our government institutions are shown to the public, the more dignified they become, and the more the public comes to understand them. Allowing cameras into our courtrooms will help demystify them and let the public evaluate how well the system works." Justice Otto Moore of the Colorado Supreme Court opined in 1956, "Do we hear complaints that the employment of these modern devices of thought transmission in the pulpits of our great churches destroys the dignity of the service; that they degrade the pulpit or create misconceptions in the mind of the public? The answers are obvious. That which is carried out with dignity will not become undignified because more people may be permitted to see and hear." William O. Douglas argued that televising trials should not be allowed because the press can use it to pressure judges to decide a case a certain way, particularly in jurisdictions where judges are elected. In reference to the argument that cameras make witnesses nervous, former jurist
Louis Gohmert Louis Buller Gohmert Jr. (; born August 18, 1953) is an American attorney, politician, and former jurist serving as the U.S. representative from Texas's 1st congressional district since 2005. Gohmert is a Republican and was part of the Tea Part ...
stated, "I think nervousness is a good thing in a witness. It makes potential inaccuracies come to the light and easier to observe." He responded to the argument that cameras may make witnesses more reluctant to testify by saying, "There is a thing called a subpoena," and noting that he "found that if people are not willing to come to court and they are reluctant to testify, officers with
handcuffs Handcuffs are Physical restraint, restraint devices designed to secure an individual's wrists in proximity to each other. They comprise two parts, linked together by a Link chain, chain, a hinge, or rigid bar. Each cuff has a rotating arm whi ...
and guns are very helpful."


See also

*
Court of public opinion Trying cases in the court of public opinion refers to using the news media to influence public support for one side or the other in a court case. This can result in persons outside the justice system (i.e. people other than the judge or jury) tak ...
* Courtroom sketch * In open court * Open justice * Public trial *
Secret trial A secret trial is a trial that is not open to the public or generally reported in the news, especially any in-trial proceedings. Generally, no official record of the case or the judge's verdict is made available. Often there is no indictment. ...
* Sunshine in the Courtroom Act *
Cameras in the Supreme Court of the United States The Supreme Court of the United States does not allow cameras in the courtroom when the court is in session, a policy which is the subject of much debate. Although the Court has never allowed cameras in its courtroom, it does make audiotapes of or ...
* Trial by media


References

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