Chapter 4 Judicial Approach
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Petition for a Writ of Certiorari to the United States Court of Appeals for the First Circuit
No. 20-443 In the Supreme Court of the United States UNITED STATES OF AMERICA, PETITIONER v. DZHOKHAR A. TSARNAEV ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT PETITION FOR A WRIT OF CERTIORARI JEFFREY B. WALL Acting Solicitor General Counsel of Record JOHN C. DEMERS Assistant Attorney General BRIAN C. RABBITT Acting Assistant Attorney General ERIC J. FEIGIN Deputy Solicitor General CHRISTOPHER G. MICHEL MICHAEL R. HUSTON Assistants to the Solicitor General WILLIAM A. GLASER JOSEPH F. PALMER Attorneys Department of Justice Washington, D.C. 20530-0001 [email protected] (202) 514-2217 QUESTIONS PRESENTED 1. Whether the court of appeals erred in concluding that respondent’s capital sentences must be vacated on the ground that the district court, during its 21-day voir dire, did not ask each prospective juror for a specific accounting of the pretrial media coverage that he or she had read, heard, or seen about respondent’s case. 2. Whether the district court committed reversible error at the penalty phase of respondent’s trial by ex- cluding evidence that respondent’s older brother was allegedly involved in different crimes two years before the offenses for which respondent was convicted. (I) RELATED PROCEEDINGS United States District Court (D. Mass.): United States v. Tsarnaev, No. 13-cr-10200 (Jan. 15, 2016) (amended judgment) United States Court of Appeals (1st Cir.): In re Tsarnaev, No. 14-2362 (Jan. 3, 2015) (denying first mandamus petition) In re Tsarnaev, No. 15-1170 (Feb. 27, 2015) (denying second mandamus petition) United States v. -
Craig Burgess Thesis
LLM THESIS Identification of a suspect before being charged; legitimate freedom of speech or a threat to a fair trial? Craig Neilson Burgess BA School of Law Academic qualification for which this thesis is submitted: Master of Laws Year submitted: 2005 2 Keywords Contempt of court – subjudice – naming suspects before charge – effect of prejudicial pre- trial publicity – influence on jurors – memory – freedom of speech – open justice – public interest – public safety - fair trial – evidential problems - remedies for prejudicial publicity – preferred approach. Abstract Identification of a person suspected of a heinous crime before being charged risks prejudicing a fair trial. Present laws place this type of publicity outside the reach of sub judice contempt. This thesis argues there should be a change in the law of sub judice contempt making it an offence for the media to publish the fact that a person is under investigation until the person has been charged. 3 TABLE OF CONTENTS TABLE OF CASES ……………………………………………………………… 6 TABLE OF STATUTES ……………………………………………………….. 12 1. INTRODUCTION………………………………………………… …… 16 2. FREEDOM OF SPEECH v A FAIR TRIAL …………………………. 21 2.1 FREEDOM OF SPEECH…………………………………21 2.1.1 Public Interest 2.1.2 Public Safety 2.1.3 Open Justice 2.1.4 Statutory exception to the principle of open justice 2.1.5 Other non-publication provisions 2.2 A FAIR TRIAL……………………………………………54 3. ANALYSIS OF PRESENT SUB JUDICE CONTEMPT LAW……… 64 3.1 WHEN ARE PROCEEDINGS SUB JUDICE? ………… 68 3.2 PRESENT SUB JUDICE CONTEMPT LAW IN OTHER JURISDICTIONS……………………………73 3.2.1 England 3.2.2 New Zealand 3.2.3 Ireland 3.2.4 Proposals for the reform of the timing provisions. -
Petition for a Writ of Certiorari to the United States Court of Appeals for the First Circuit
No. In the Supreme Court of the United States UNITED STATES OF AMERICA, PETITIONER v. DZHOKHAR A. TSARNAEV ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT PETITION FOR A WRIT OF CERTIORARI JEFFREY B. WALL Acting Solicitor General Counsel of Record JOHN C. DEMERS Assistant Attorney General BRIAN C. RABBITT Acting Assistant Attorney General ERIC J. FEIGIN Deputy Solicitor General CHRISTOPHER G. MICHEL MICHAEL R. HUSTON Assistants to the Solicitor General WILLIAM A. GLASER JOSEPH F. PALMER Attorneys Department of Justice Washington, D.C. 20530-0001 [email protected] (202) 514-2217 QUESTIONS PRESENTED 1. Whether the court of appeals erred in concluding that respondent’s capital sentences must be vacated on the ground that the district court, during its 21-day voir dire, did not ask each prospective juror for a specific accounting of the pretrial media coverage that he or she had read, heard, or seen about respondent’s case. 2. Whether the district court committed reversible error at the penalty phase of respondent’s trial by ex- cluding evidence that respondent’s older brother was allegedly involved in different crimes two years before the offenses for which respondent was convicted. (I) RELATED PROCEEDINGS United States District Court (D. Mass.): United States v. Tsarnaev, No. 13-cr-10200 (Jan. 15, 2016) (amended judgment) United States Court of Appeals (1st Cir.): In re Tsarnaev, No. 14-2362 (Jan. 3, 2015) (denying first mandamus petition) In re Tsarnaev, No. 15-1170 (Feb. 27, 2015) (denying second mandamus petition) United States v. -
Of Public Perceptions and Procedural Protections
University of Colorado Law School Colorado Law Scholarly Commons Articles Colorado Law Faculty Scholarship 2013 De-Naturalizing Criminal Law: Of Public Perceptions and Procedural Protections Benjamin Levin University of Colorado Law School Follow this and additional works at: https://scholar.law.colorado.edu/articles Part of the Criminal Law Commons, Criminal Procedure Commons, and the Law and Society Commons Citation Information Benjamin Levin, De-Naturalizing Criminal Law: Of Public Perceptions and Procedural Protections, 76 ALB. L. REV. 1777 (2012/2013), available at https://scholar.law.colorado.edu/articles/285. Copyright Statement Copyright protected. Use of materials from this collection beyond the exceptions provided for in the Fair Use and Educational Use clauses of the U.S. Copyright Law may violate federal law. Permission to publish or reproduce is required. This Article is brought to you for free and open access by the Colorado Law Faculty Scholarship at Colorado Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Colorado Law Scholarly Commons. For more information, please contact [email protected]. +(,121/,1( Citation: 76 Alb. L. Rev. 1777 2012-2013 Provided by: William A. Wise Law Library Content downloaded/printed from HeinOnline Sat Mar 25 17:11:41 2017 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information DE-NATURALIZING CRIMINAL LAW: OF PUBLIC PERCEPTIONS AND PROCEDURAL PROTECTIONS Benjamin Levin* Innocence, it turns out, is a complex concept. -
Doubt Sydney University Law Society Social Justice Journal 2013 Dissent Doubt Sydney University Law Society Social Justice Journal 2013
issent. DDoubt SYDNEY UNIVERSITY LAW SOCIETY SOCIAL JUSTICE JOURNAL 2013 Dissent Doubt Sydney University Law Society Social Justice Journal 2013 ISSN 1839-1508 Editor-in-Chief Melissa Chen Editorial Board Lucinda Bradshaw Joanna Connolly Nathan Hauser Aden Knaap Nina Newcombe Justin Pen Greta Ulbrick Mala Wadhera Design Judy Zhu Nina Newcombe Melissa Chen Artwork Nina Newcombe With special thanks to Gilbert + Tobin, Sponsor Mark Tedeschi AM QC, Guest Speaker Joellen Riley, Dean James Higgins, SULS Vice-President (Social Justice) Judy Zhu, SULS Design Officer Printing Kopystop Pty Ltd Disclaimer: This journal is published under the auspices of the Sydney University Law Society (SULS). The views expressed in the articles are those of the authors, not the editors. Contents iv Editor-in-Chief’s Foreword v Dean’s Foreword 1 Opening Submission Kate Farrell 2 Doubting DNA Laura Precup-Pop 8 Navigating the Memory Labyrinth Virat Nehru 12 Broken Promises Samuel Murray 17 “That Secret Court Took My Kids Away” Anonymous 25 Doubting Adoption Legislation Dr Catherine Lynch 27 Infamy Jo Seto and Angelica McCall 32 Trial by Media Isabella Kang 36 Trust Me, I’m a Journo David Blight 41 Future or Fad? Catherine Dawson 47 Photographic Essay Raihana Haidary 50 The Plentiful Paradox Connie Ye 57 The Ghost that Keeps on Giving Lewis Hamilton 62 Social Diversity and Social Justice Ellen O’Brien 67 The Privatisation of the Human Genome Christina White 73 Privacy as a Human “Premium” Jo Seto 79 Activism or Slacktivism? John-Ernest Dinamarca 85 Social Justice Snobbery Georgina Meikle 88 Good Intentions James Clifford 93 Closing Submission Kate Farrell 94 Reference List DISSENT iv Editor-in-Chief’s Foreword Doubt confronts us at every turn. -
A Critical Study Ontrial by Media with Special Reference to Sushant Singh Rajput Case
INTERNATIONAL JOURNAL OF MULTIDISCIPLINARY EDUCATIONAL RESEARCH ISSN:2277-7881; IMPACT FACTOR :6.514(2020); IC VALUE:5.16; ISI VALUE:2.286 Peer Reviewed and Refereed Journal: VOLUME:10, ISSUE:1(7), January :2021 Online Copy Available: www.ijmer.in A CRITICAL STUDY ONTRIAL BY MEDIA WITH SPECIAL REFERENCE TO SUSHANT SINGH RAJPUT CASE 1Samhita.S.Mysorae and 2Dr. Bhargavi.D.Hemmige 1Research Student, 3rd Semester MAJ, Department of Media Studies, Jain (Deemed-to-be University) 2Associate Professor, Department of Media Studies, Jain (Deemed-to-be University) Abstract Media is recognized as the fourth estate of democracy. The trial is generally done by establishing courts of law.Media plays a key role in framing the belief of the society and is also capable of altering the whole viewpoint of the people which people would have perceived about anything earlier. Media trial is the influence of newspaper and television reporting on a person’s prominence, a character which create a sense of extensive guilt or innocence before or after the verdict from the court of law. In Media Trial the accused is declared as convict even before the actual judgment. Hence this is likely to have a bearing on fair trial. People are likely to believe and accept all the news and coverage that is done by media. Under the Article 19 (1) (a)of the Indian constitution, media gets the provision of freedom of the press which is derived from the freedom of speech and expression (1949). ‘Fair Is Foul and Foul Is Fair’ from William Shakespeare's Macbeth (1623), which eventually means ‘Everything is not what it Appears As.’. -
'There's Gonna Be Bad Apples': Police–Community Relations Through The
www.crimejusticejournal.com IJCJ&SD 2019 8(2): 83-105 ISSN 2202-8005 ‘There’s Gonna Be Bad Apples’: Police–Community Relations through the Lens of Media Exposure Among University Students Kristine Levan, Kelsey Stevenson University of Idaho, United States Abstract Recently, increased media attention has been given to tensions between law enforcement officers and the communities they police. An individuals’ opinions of law enforcement agencies may be formed from various areas, including their exposure to various forms of media. Here, we are interested in the types of media students are exposed to (particularly social media, television news, crime-related television shows). Through interviews with undergraduate students, we seek to understand how both an individual’s demographic characteristics and their media consumption contribute to how perceptions are formed on issues related to violence perpetrated by law enforcement, as well as against law enforcement. Future studies can build on the initial findings and be conducted on a broader range of community members. Keywords Public opinion; law enforcement; policing; media; race. Please cite this article as: Levan K and Stevenson K (2019) ‘There’s gonna be bad apples’: Police–community relations through the lens of media exposure among university students. International Journal for Crime, Justice and Social Democracy 8(2): 83-105. DOI: 10.5204/ijcjsd.v8i2.1039. This work is licensed under a Creative Commons Attribution 4.0 International Licence. As an open access journal, articles are free to use with proper attribution. ISSN: 2202- 8005 © The Author(s) 2019 Kristine Levan, Kelsey Stevenson: ‘There’s Gonna Be Bad Apples’ Introduction Relationships between police officers and the communities they serve vary in levels of stress and cooperation. -
Fair Trial Manual a Handbook for Judges and Magistrates
CHRI 2019 Fair Trial Manual A Handbook for Judges and Magistrates Fair Trial Manual: A Handbook for Judges and Magistrates i COMMONWEALTH HUMAN RIGHTS INITIATIVE The Commonwealth Human Rights Initiative (CHRI) is an independent, non-profit, non-partisan, international non-governmental organisation working in the area of human rights. In 1987, several Commonwealth professional associations founded CHRI, since there was little focus on human rights within the association of 53 nations although the Commonwealth provided member countries the basis of shared common laws. Through its reports and periodic investigations, CHRI continually draws attention to the progress and setbacks to human rights in Commonwealth countries. In advocating for approaches and measures to prevent human rights abuses, CHRI addresses the Commonwealth Secretariat, the United Nations Human Rights Council members, the media and civil society. It works on and collaborates around public education programmes, policy dialogues, comparative research, advocacy and networking on the issues of Access to Information and Access to Justice. CHRI’s seeks to promote adherence to the Universal Declaration of Human Rights, the Commonwealth Harare Principles and other internationally recognised human rights instruments, as well as domestic instruments supporting human rights in the Commonwealth. CHRI is headquartered in New Delhi, India, with offices in London, UK and Accra, Ghana. International Advisory Commission: Alison Duxbury, Chairperson. Members: Wajahat Habibullah, Edward Mortimer, Sam Okudzeto and Sanjoy Hazarika. Executive Committee (India): Wajahat Habibullah, Chairperson. Members: B. K. Chandrashekar, Jayanto Choudhury, Maja Daruwala, Nitin Desai, Kamal Kumar, Madan B. Lokur, Poonam Muttreja, Jacob Punnoose, Vineeta Rai, Nidhi Razdan, A P Shah, and Sanjoy Hazarika.