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- <text id=91TT1318>
- <title>
- June 17, 1991: Justice Faces a Screen Test
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1991
- June 17, 1991 The Gift Of Life
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- LAW, Page 62
- Justice Faces a Screen Test
- </hdr><body>
- <p>New TV shows are invading the courts in search of real-life drama.
- But will they threaten fair trials in the process?
- </p>
- <p>By RICHARD ZOGLIN--Reported by Daniel S. Levy and Andrea Sachs/
- New York
- </p>
- <p> Roger Ligon, a maintenance worker in Stamford, Conn., was
- on trial for manslaughter, charged with killing a man after a
- parking dispute. He pleaded not guilty, blaming the act on
- post-traumatic stress disorder--the psychological residue of
- his combat experience in Vietnam.
- </p>
- <p> The lawyers who argued the Ligon case had another sort of
- stress to deal with, arising from the crush of TV cameras that
- descended on the courtroom. Local stations covered the trial
- extensively. So did a soon-to-be-launched cable channel devoted
- entirely to judicial proceedings. A CBS crew was there too,
- roaming the hallways and offices as well as the courtroom. "The
- whole second floor up here was just one gigantic production
- room," grouses Bruce Hudock, who prosecuted the case. "I
- definitely found it distracting."
- </p>
- <p> Hudock's view may be tainted by sour grapes: Ligon was
- acquitted. But the prosecutor's objections cannot be totally
- dismissed. Courtroom trials have become TV's hottest
- reality-programming trend. Forty-four states currently allow
- cameras in the courtroom, with varying degrees of restrictions
- (New York's law has just expired, as legislators argue over
- proposed revisions to it). And starting next month, TV will for
- the first time be allowed into some federal courts, on an
- experimental basis, for civil trials.
- </p>
- <p> Real-life trial footage regularly turns up on local
- newscasts, on magazine shows like A Current Affair and Trial
- Watch, and occasionally as live drama on CNN. The legal
- bombardment is about to grow even heavier. On June 21, CBS will
- introduce Verdict, a prime-time series that will cover a
- different trial each week, using a mix of courtroom footage and
- interviews with the participants. (The Ligon case will be
- featured in one of the episodes.)
- </p>
- <p> Courtroom activity will go round the clock with the July
- 1 debut of the Courtroom Television Network, a judicial version
- of CNN. The new cable channel (owned largely by Time Warner)
- will cover some trials live--with play-by-play commentary from
- legal experts--and others on tape in nightly wrap-up programs.
- The network hopes to premiere with the Los Angeles trial of
- four police officers charged in the videotaped beating of
- Rodney King.
- </p>
- <p> For TV viewers bred on Perry Mason melodramatics, this
- proliferation of courtroom coverage is a healthy dose of
- reality. Steven Brill, chief executive of Court TV, predicts an
- educational windfall for people who watch his channel. "They
- will understand that the real world of law is not L.A. Law; nor
- is it Clint Eastwood catching a criminal and having some slick
- lawyer get the criminal off on a technicality." But TV's
- invasion of the courtroom raises tough questions as well. While
- video coverage may boost the public's understanding of the
- judicial process, is it quite so good for people seeking their
- constitutionally guaranteed right to a fair trial?
- </p>
- <p> So far, many of the problems predicted by those who oppose
- cameras in the courtroom have not been realized. Even in states
- that allow televised trials, judges make the final
- determination as to whether TV should be admitted for a
- particular case; cameras are usually barred when the victim's
- identity needs to be protected, as in the Central Park-jogger
- rape trial. Nor, despite the crowd at Ligon's trial, has TV in
- general turned the courtroom into the proverbial media circus.
- With tight ground rules, cameras and microphones can be kept
- relatively unobtrusive.
- </p>
- <p> From the standpoint of the public's right to know, there
- is no good reason why TV journalists should be barred from
- trials while print reporters are not. Critics often complain
- that TV distorts the legal process by focusing on the most
- sensational testimony. But it is hard to argue that this serves
- the public any worse than screaming newspaper headlines, or TV
- reporters describing events from the courthouse steps. "It is
- a sorry state of affairs that today most of us learn about
- judicial proceedings from lawyers' sound bites and artists'
- sketches," says Vincent Blasi, a law professor at Columbia
- University. "Televised proceedings ought to dispel some of the
- myth and mystery that shroud our legal system."
- </p>
- <p> Some attorneys contend that cameras in the courtroom can
- have a subtle and damaging effect on the trial itself.
- Witnesses may be more reluctant to testify, for example, if they
- know they will be seen on the nightly news by their neighbors.
- Seth Waxman, a Washington attorney who represented a
- white-collar defendant in one televised trial, says that jurors
- afterward made it clear that TV had had an impact; one juror
- said a witness seemed less credible because she kept nervously
- glancing at the camera. Argues Waxman: "Any extraneous factor
- that complicates the fact-finding process ought not to be
- allowed."
- </p>
- <p> Among those who think such fears are overstated is Judge
- William G. Young, who allowed cameras to cover the barroom rape
- trial in New Bedford, Mass., that was the basis of the movie The
- Accused. Says Young: "I came away from that convinced that if
- you had careful controls, TV did not change the dynamics of the
- trial or the fairness of the trial to the litigants."
- </p>
- <p> As TV coverage of trials becomes more commonplace, the
- arguments against it may fade away--just as the old debate
- over TV coverage of House and Senate deliberations has
- disappeared now that C-SPAN is a permanent fixture. One of the
- lessons of the media age is that the TV juggernaut is hard to
- reverse. But it should not be permitted to crush constitutional
- rights as it rolls along.
- </p>
-
- </body></article>
- </text>
-
-