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Criminal Procedure
Notorious Cases
Overview


A high-profile trial can easily pose a challenge for the court because of the increase in public attention, media coverage, security, protests, threats, etc., that result from notorious cases. Judges, court administrators, and court staff need to prepare appropriately to accommodate the unusual circumstances surrounding the trial.

Pretrial matters should be dealt with promptly. Assign a competent and willing judge to the case and perhaps another judge as the media liaison. The trial judge needs to make procedural decisions early and abide by them during the trial. The media need to be dealt with fairly and given sufficient access to news about the trial.  Decisions on whether to allow cameras in the courtroom, where the media will sit, how the media can collect information, and if interviews will be granted must be made before the trial.

Ensuring jury privacy and proper treatment is important in a high-profile case, as the jurors will often inadvertently become high-profile, as well. Extra safety measures to ensure the media do not corrupt the jury during the trial may have to be considered. Sequestration or drafting an anonymous jury are two options that, while not necessarily desirable, can help provide a fair trial.

Proper and effective security is necessary to handle the unusually large number of people that move through the courthouse during a notorious trial and the intense media coverage it receives.  Protection for the judge, the lawyers, the parties, the public, and the court staff needs to be arranged. In addition, protection and security for the jury is necessary to shield them from the media during breaks and lunch times.

Notorious trials are surrounded by public involvement and excitement. America has seen many celebrated trials that were poorly managed and, as a result, turned into a circus instead of an exercise of justice. Although they can become a hassle logistically, notorious trials are often a great opportunity to take advantage of the increase in attention and educate the public about the courts. By making effective management decisions promptly, appropriately dealing with the public, keeping the courtroom orderly, and anticipating and planning for the worst, court managers and judges can prepare for and properly handle a notorious or high-profile case and, therefore, ensure the trial progresses with as few problems as possible. 


Creation Date: 2003

 

Last Modified: 11/3/2008