Friday, October 25, 2013
Jacqui Horan and Roxanne Burd (Melbourne Law School and Independent) have posted Protecting the Right to a Fair Trial in the 21st Century - Has Trial by Jury Been Caught in the World Wide Web? (Criminal Law Journal, Vol. 36, No. 2, 2012) on SSRN. Here is the abstract:
The growing availability of information is challenging the right to a fair trial in the 21st century. For decades courts have maintained the integrity and impartiality of the jury by shielding jurors from pre-trial publicity. However, as the traditional forms of media have expanded into the world wide web, it has become increasingly difficult to control both the dissemination of information and the conduct of jurors. This article explores the level of prejudicial impact of publicity on high profile trials. Remedies to alleviate such an impact are discussed.