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    PRE-TRIAL PUBLICITY IMPACTS A CRIMINAL DEFENDANT’S RIGHT TO A FAIR TRIAL

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    azu_etd_hr_2021_0014_sip1_m.pdf
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    Author
    Kane, Morgan
    Issue Date
    2021
    Advisor
    Barnes, Katherine
    
    Metadata
    Show full item record
    Publisher
    The University of Arizona.
    Rights
    Copyright © is held by the author. Digital access to this material is made possible by the University Libraries, University of Arizona. Further transmission, reproduction or presentation (such as public display or performance) of protected items is prohibited except with permission of the author.
    Abstract
    This paper explores the effects of pre-trial publicity on criminal case proceedings, and how publicity impacts a defendant’s right to a fair trial. Balancing the First Amendment against the Sixth Amendment of the United States Constitution, a defendant’s right to due process is affected by the media’s right to the freedoms of the press. Two cases – Irvin v. Dowd (1961) and Sheppard v. Maxwell (1966) – first introduce the concept of pre-trial publicity. As courts decided how to manage such publicity in the courtrooms, unconstitutional issues arose as demonstrated through Nebraska Press Association v. Stuart (1976), Richmond Newspapers v. Virginia (1980), and Mu’Min v. Virginia (1991). Following what is deemed unconstitutional, the current pre-trial publicity test is evaluated, and the issues surrounding it are discussed. The paper details the court’s solution and the defense attorney’s solution on how to combat the effects of pre-trial publicity, which introduces the Jodi Arias case. The legality of gag lawsuits in Australia and Canada are discussed and are compared to how the United States prohibits such bans on the press. In the conclusion, the ideas of pre-trial publicity are finalized and future implications as media outlets grow are considered.
    Type
    Electronic Thesis
    text
    Degree Name
    B.A.
    Degree Level
    bachelors
    Degree Program
    Law
    Honors College
    Degree Grantor
    University of Arizona
    Collections
    Honors Theses

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