by Ray Newman, radio and television commentator, attorney, educator, author

Sunday, November 8, 2009

RIGHTS, NOT LIGHTS

The 6th Amendment to the Constitution guarantees to every accused the right to a speedy and public criminal trial. Such a trial, conducted under objective rules of law and evidence, is man's practical bulwark against government oppression. Without the security offered by a fair public trial, an accused would stand helpless at the mercy of an accusing government. It is imperative, therefore, that nothing be done to upset the intricate system of justice developed over centuries.

Television may be doing just that. More and more television stations are seeking to poke their cameras into juicy criminal, and civil, cases...no doubt to boost ratings. And they do so under the banner of making the trial even more public.

But the right to a public trial is the right of an accused for the protection of the accused, and he or she ought be free to waive the public nature of the trial if he or she so chooses. Television lights blinking on and off, cameras catching and magnifying every nervous twitch, every expression, every private detail of an accused or witness' life, and distributing it all not just to the country but to the world, can be nerve-wracking and intimidating to all involved, may lessen the willingness and availability of some critical witnesses to testify, and may in fact undercut the very purpose of the Constitutional guaranty of a public trial.

There is much too much media coverage of criminal trials. Radio, television and newspaper outlets flash names and pictures of the accused before they have been found guilty. Families and friends of the accused are pressured for interviews. Media commentators often pronounce judgment and sentence without having heard one word of courtroom testimony, perhaps thereby denying the accused a fair trial by improperly influencing the views of prospective jurors.

Let's protect the right of the "innocent until proven guilty" to a fair trial by keeping television cameras out of the courtroom...unless the accused agrees. "Lights, camera, action" are three very intimidating and daunting words.

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