Cover image for An Open courtroom : cameras in New York courts
Title:
An Open courtroom : cameras in New York courts
Author:
New York (State). Committee on Audio-Visual Coverage of Court Proceedings.
Publication Information:
New York : Fordham University Press, 1997.
Physical Description:
xxi, 243 pages ; 24 cm
Language:
English
ISBN:
9780823218097

9780823218103
Format :
Book

Available:*

Library
Call Number
Material Type
Home Location
Status
Central Library KFN5955.5 .O64 1997 Adult Non-Fiction Central Closed Stacks
Searching...
Central Library KFN5955.5 .O64 1997 Adult Non-Fiction Central Closed Stacks
Searching...

On Order

Summary

Summary

On June 30, 1997, the experiment, initiated in 1987, that gave trial judges discretion to allow televised and still-camera coverage of civil and criminal trial court proceedings in New York State came to an end. After two years of investigation, a 12-member, state-appointed committee has issued its findings and recommendations on the question of cameras in New York courts. Their results are contained in An Open Courtroom.

This book offers: an introduction, executive summary; overview of the committee's work; a summary of the current law; overview of camera laws in other states and in federal courts; summary of the committee's record; the committee's assessment and conclusions; recommendation; appendices which include the results of a jurist poll and the committee's judicial survey, interviews, and other pertinent data; and a minority report/ dissent arguing against the committee's recommendations.


Author Notes

The New York State Committee to Review Audio-Visual Coverage of Court Proceeding was a state-appointed committee to report its findings and recommendations on the question of cameras in New York courts.


Table of Contents

Leonard E. Noisette
Acknowledgmentsp. xi
Executive Summaryp. xv
I. Introductionp. 1
II. Over View of the Committee's Workp. 5
III. Summary of Current Lawp. 9
A. Section 218 of the Judiciary Lawp. 9
1. Judicial Discretionp. 9
2. Safeguards for Defendants in Criminal Proceedings and Parties in Civil Proceedingsp. 11
3. Safeguards for Witnessesp. 11
4. Safeguards for Childrenp. 13
5. Safeguards for Jurorsp. 13
6. Other Safeguardsp. 13
7. Pretrial Conferencep. 14
8. Equipment and Personnel Restrictionsp. 14
9. Appealsp. 15
B. Rules of the Chief Administrative Judgep. 15
IV. Over View of Camera Coverage Laws in Other States and in Federal Courtsp. 19
A. State Courtsp. 19
1. 50-State Overviewp. 19
2. Californiap. 20
B. Federal Courtsp. 22
V. Summary of the Committee's Recordp. 27
A. Public Benefitsp. 27
1. Public Education about the Courtsp. 28
2. Judicial Accountability and Public Scrutiny of the Judicial Systemp. 31
3. Cathartic and Deterrent Effectsp. 33
4. Other Benefitsp. 34
5. Opponents' Viewsp. 36
a. Nature of Televised Coveragep. 37
b. Effect on Witnessesp. 39
c. Fair Trial Implicationsp. 41
d. Privacy Concernsp. 43
B. Compliance by Trial Judges and the Mediap. 44
1. Compliance by Trial Judgesp. 44
a. Testimony and Public Commentp. 44
b. Results of the Committee's Judicial Surveyp. 46
c. Office of Court Administration Datap. 49
2. Compliance by the Mediap. 49
C. Effect of Audio-Visual Coverage on the Conduct of Participants in Court Proceedingsp. 52
1. Effect on Jurorsp. 53
2. Effect on Witnessesp. 58
3. Effect on Lawyersp. 62
4. Effect on Judgesp. 64
a. Inside the Courtroomp. 64
b. Outside the Courtroomp. 67
VI. Committee's Assessment and Conclusionsp. 69
A. Public Benefitsp. 69
B. Compliance by Trial Judges and the News Media with the Safeguards of Section 218 of the Judiciary Lawp. 71
1. Judgesp. 71
2. News Mediap. 74
C. Effect of Audio-Visual Coverage on the Conduct of Participants in Court Proceedingsp. 74
1. Jurorsp. 76
2. Witnessesp. 77
3. Lawyersp. 78
4. Judgesp. 79
D. Defendant's Consentp. 80
VII. Recommendationsp. 83
1. Cameras Should Be Permitted in New York State Courts on a Permanent Basis with All of the Safeguards of Current Law for Parties, Prospective Witnesses, Jurors, Crime Victims, and Other Trial Participantsp. 83
2. Defendant Consent Should Be a Prerequisite for Camera Coverage of Bail Hearingsp. 84
3. There Should Be No Separate Rule for Death Penalty Casesp. 85
4. Judges Should Be Vigilant in Addressing the Safety and Privacy Concerns of Witnesses in Both Criminal and Civil Proceedingsp. 85
5. The Office of Court Administration Should Actively Monitor Camera-Covered Proceedings, Make Periodic Reports, and, If Necessary, Recommend Changes in Section 218 of the Judiciary Law and the Implementing Rulesp. 86
6. The Office of Court Administration Should Develop an Enhanced Judicial Training Program to Familiarize All Judges with the Applicable Statutory and Administrative Provisions and Safeguardsp. 88
Appendices
A. Judicial Surveyp. 93
B. Marist Institute for Public Opinion Pollp. 113
C. Judiciary Law, Section 218p. 125
D. Rules of the Chief Administrative Judgep. 133
E. California Rule of Court 980p. 149
F. Overview of Camera Coverage Laws in the Fifty Statesp. 157
G. Jury Consultant Interviewsp. 171
H. Office of Court Administration Data on News Media Applications for Audio-Visual Coverage of Court Proceedingsp. 175
I. Sample Monitoring Instrument for Camera-Experienced Lawyersp. 191
J. Judicial Training Program Outlinep. 199
K. Selected Bibliographyp. 201
Minority Reportp. 207

Google Preview