Archived posting to the Leica Users Group, 2001/02/14

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Subject: Re: [Leica] Re: Is Photography Real...
From: "Bryan Caldwell" <bcaldwell@softcom.net>
Date: Wed, 14 Feb 2001 06:31:46 -0800
References: <20010214121659.13758.qmail@web4405.mail.yahoo.com>

In the U.S., press coverage of a trial is always a balance between the First
Amendment freedom of the press and the Sixth Amendment rights of a defendant
to a fair trial before an impartial jury. Many state courts now allow
cameras in the courtroom, but have conditioned this on the approval of the
judge. In practice, judges often limit sound, lights, or limit the number of
cameras, the time during  which photos may be taken, and requiring that
press agencies pool their coverage. The federal rules of evidence still
prohibit cameras in all federal courtrooms. Such limitations or the outright
ban of cameras in the courtroom comes primarily from the U.S. Supreme Court
cases of Sheppard v. Maxwell (the well-known Sam Sheppard case) and Estes v.
Texas (Billy Sol Estes). I can provide cites to these if anyone is
interested.

Courtroom artists are somewhat of a dying breed, but are generally allowed
in all adult courts. Even sketch artists may have limitations placed upon
them by the court - again, in order to preserve the Sixth Amendment rights
of the accused.

Many (if not most) states also have laws that protect the identities of
jurors - based primarily on the notion that jury duty is mandatory and
should not involuntarily subject jurors and potential jurors to the public
pressure that could be brought to bear in many cases.

Bryan



- ----- Original Message -----
From: "Brougham" <brougham3@yahoo.com>
To: <leica-users@mejac.palo-alto.ca.us>
Sent: Wednesday, February 14, 2001 4:16 AM
Subject: [Leica] Re: Is Photography Real...


> Mark Rabiner <mark@rabiner.cncoffice.com> wrote:
>
> > A photograph is a piece of paper with silver on it.
> > A drawing is a piece of paper with charcoal on it.
> >
> > No one's ever going to accuse you of invading their privacy or
> > compromising
> > thier rights with a piece of paper with charcoal on it.
> > But a  piece of paper with silver on it and they call their lawyer.
>
> Just this past week on the news, a courtroom artist had his pad
> confiscated because he drew images that showed a juror's face.  I
> think this was one of the bin Laden cases.  The judge had ordered no
> images of any kind of the jurors was permissible.
>
> I still don't understand why courts generally allow sketch artists
> instead of photographers.  But that's another thread...
>
>
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In reply to: Message from Brougham <brougham3@yahoo.com> ([Leica] Re: Is Photography Real...)