Pretrial Publicity in Criminal Cases of National Notoriety: Constructing a Remedy for the Remediless Wrong

Authors

Robert M. Hardaway, University of DenverFollow
Douglas B. Tumminello

Publication Date

1-1-1996

Document Type

Article

Organizational Units

Sturm College of Law

Keywords

Sixth Amendment, Pretrial publicity, Nationally notorious

Abstract

Part I of this Article examines the history of pretrial publicity in American courts and explores the values that the Sixth Amendment seeks to protect. Part II criticizes the Supreme Court's current approach to the pretrial publicity problem. Part III analyzes case studies of nationally notorious trials. Part IV explores remedial measures reasonably calculated to nullify the effects of prejudicial publicity and cases in which a trial judge's omission of those measures constitutes reversible error. Finally, this Article concludes by setting forth a proposed standard that should be applied in order to ensure the defendant's right to a fair trial in cases of national notoriety.

Publication Statement

Copyright is held by the author. User is responsible for all copyright compliance.

Recommended Citation

Robert Hardaway & Douglas B. Tumminello, Pretrial Publicity in Criminal Cases of National Notoriety: Constructing a Remedy for the Remediless Wrong, 46 AM. U. L. REV. 39 (1996).