Through the use of examples, elaborate on what it means to have a public trial. What are the impacts of this approach on justice?

Question

What will be an ideal response?

Answer 1

The right to a public trial is guaranteed under the Sixth Amendment. The right to a public trial is usually unrestricted, although there are some exceptions that can be made to ensure that the right to a fair trial is also achieved. One classic case where an open trial caused problems was the 1966 case Sheppard v. Maxwell. In that case, the courtroom was packed with people, including members of the media, for all nine weeks of the trial. The Supreme Court eventually reversed the defendant's conviction. Adverse pretrial publicity, in cases like the Casey Anthony murder trial and eventual acquittal, can prevent a defendant from getting a fair trial. The release of premature evidence by a prosecutor, extensive reporting by the news, and press coverage that can begin early in a criminal case can potentially affect the outcome of the case. Unfortunately, as a general rule, pretrial publicity and reporting cannot be controlled; however, judges may bar the press from some pretrial legal proceedings and hearings. Other changes that can be made in the interest of justice and the right to a fair trial can include a change of venue, in which a trial is moved to another jurisdiction where there may be less news coverage, and when the judge issues a gag order instructing the courtroom not to discuss the proceedings.