Who Watches the Watchdog?

Roadmap/Introduction  How Media affect Democracy  Political, economic and cultural impacts  Now to legal system  Democracy common denominators  rule of law  Query  Consistency of law and application  Ensure government accountability-remedy for failure to abide by own laws

Roadmap/Introduction  Rule of Law and the Effect of Media  Tension between constitutional guarantees  Freedom of the press VS criminal defendant right to a fair/unbiased trial  Technology expands reach of media, tension grows  Isolate the tension and see what, if anything can/should be done  Nancy Grace as Example

Focus Questions 1.In today’s mediated world, can a criminal defendant get a fair and unbiased trial? 2.If a defendant CANNOT get a fair and unbiased trial should/can we restrict the press to ensure defendants’ rights are protected?

LECTURE: CONSTITUTIONAL AMENDMENTS THREE CONSTITUTIONAL AMENDMENTS FROM BILL OF RIGHTS IMPLICATED I KNOW EVERYONE IS FAMILIAR WITH THIS ONE…..

Freedom of the Press

FIRST AMENDMENT  GUARANTEES?  CAN ANYONE VENTURE A GUESS AS TO THE SECOND TWO?

Sixth Amendment  Speedy trial  Public trial  Impartial trial of one’s peers (district)  Informed of charges  Confront witnesses  Call witnesses (subpoena)  Counsel

5 th Amendment  Due Process of Law—Rule of Law  Grand jury  Self incrimination  Double jeopardy  Right to be silent The core meaning of the Due Process Clause is that laws protecting life, liberty, and property must be protected by all branches and officials of the government”

Contradictions? First Amendment Sixth Amendment Fifth Amendment Congress shall make no law restricting freedom of the press …impartial jury of one’s peers …right to confront those who bear witness against …shall not be deprived of life, liberty, property without due process of law

Freedom of the Press  Nancy Grace Nancy Grace

 Who thinks Caylee Anthony is guilty  Why?  Memo as inadmissible under work product  Prosecutor’s leaks  Sensationalist negative portrayal  Sam Sheppard-exculpatory evidence

Focus Questions 1. In today’s mediated world, can a criminal defendant get a fair and unbiased trial? 2.If a defendant CANNOT get a fair and unbiased trial should/can we restrict the press to ensure defendants’ rights are protected?

Where is the line?  Whether the media still maintains the absolute right to disseminate based on the First Amendment right to freedom of speech?  CSI effect  Violation of due process  Media dictating judicial outcome  Rule of law