◆ SpookStack

_ accus yo souree, “Ehere ‘Ss 5 nothing tri > { iribes the press Om reporting events that transpire sn the gourtrool ss 7 Lt But vhere there is a reatonable likelihood that prejudicislie aa eannncers anaes news prior te trial will prevent a fair trial, the Judge should continue thé case until the threat abates, or trans? “it te another county not so permeated with publicity. In a Crees addition, sequestration of the jury Was something the dudg Melo Sy * guring. the proceedings threatens the. fairness of “the ‘eta LE a. od o* . /fa Be oo _ Should have raised ive, sponte ‘wht ‘counsel, rf publicity a “ oa “\ new ‘titan ‘shoura’ be ordered. © Bat. ve must ‘Femender that | ~ bate rn ace le “reversals ‘are but pallierivess the cnre }ies “tn those “HA Bees * 3, -_* _ remedial measures ' that Wild ‘prevent the prejudice at ite Wee _ Sngeption, ‘The courts must take such steps by rule and ee ee regulation that will protect their processes fron prequéiel ae a outside interferences, Keither prosecutors, counsel for defense, the accused, witnesses, court staff nor enforcement as an + aye So ES ys officers coming under the jurisdiction of the court sbhowid + be permitted to frustrate ‘dts function. ~ Collaboration bet- % “ween counsel, and the ‘press ‘as to information attecting the a = fairness of @ criminal trial is not only subject ta requia- * tion, Dut is highly censurable and vorthy of disciplinary mezgires." %Id,, at 3S2~4E5 £ + wee MSS CI emphasis added),* s The U.S. Supreme Court in Rebrasks Press Association v, ; tuart observed “... that pretrial publicity+-even pervasive, Stuart adverse publicity~-does not inevitably lead to an unfair trial. “The capacity of the jury eventually empaneled to decide the case fairly is influenced by the tone and extent of the publicity, . + which is in part, and often in large part, shaped by what atterma police and other officieis do to precipitate newa coverage. The trial judge has a major responsibility. What the Judge Bays about papers and broadcasts. More important, the measures &@ Judge takes or fails to take to mitigate the effects of pretrial publieity-- — . . the measures Cescribed in Sheppard--mey well determine whether the Defendant receives @ trial coneiatent with’ the requirements F ¥ ‘] 4 $ a case, in or ovt of the courtroon, is likely te appear in newse' i ¢ 3 # , of Sue process... .* |