CONSIDERATIONS IN THE REPORTING OF CRIMINAL PROCEEDINGS

As amended throough October 10, 2024

The Bench-Bar-Press Committee offers the following recommendations for voluntary consideration of all parties. They may be of assistance in educating law enforcement, the press, bar and bench concerning the exercise of rights, duties and obligations outlined in the Statement of Principles.

The bench, bar, press, and law enforcement officials share in the responsibility for the administration of an open and fair system of justice. Each has a special role which the others should respect and none should try to regulate the judgment of the others. Public interest in the administration of justice may be particularly great at times prior to trial. Pretrial proceedings often are as important to the open administration of justice as the actual trial. The bench should help ensure both openness and fairness through commonly accepted judicial procedures consistent with these principles. The bar should carefully consider the timing and nature of the publicity it creates. The media should contribute to openness and fairness by careful evaluation of information that may be kept from the jury at trial and by exercise of restraint in reporting that information.

All parties should be aware that the jury system has the capacity to provide unprejudiced panels even in cases of great public interest and substantial media coverage.

1. It is appropriate to make public the following information concerning the defendant:

a. The defendant's name, age, residence, employment, marital status, and similar background information. There should be no restraint on biographical facts other than accuracy, good taste, and judgment.

b. The substance or text of the charge, such as complaint, indictment, information and where appropriate, the identity of the complaining party.

c. The identity of the investigating and arresting agency and the length of the investigation.

d. The circumstances immediately surrounding an arrest, including the time and place of arrest, resistance, pursuit, possession and use of weapons, and a description of items seized at the time of arrest.

2. The release of certain types of information by law enforcement personnel, the bench and the bar and the publication thereof by news media generally tends to create dangers of prejudice without serving a significant law enforcement or public interest function. Therefore, all concerned should be aware of the dangers of prejudice in making pretrial public disclosures of the following:

a. Opinions about a defendant's character, his guilt or innocence.

b. Admissions, confessions or the contents of a statement or alibis attributable to a defendant.

c. Opinions about the results of investigative procedures, such as fingerprints, polygraph examinations, ballistic tests or laboratory tests.

d. Opinions concerning evidence or argument in the case, whether or not it is anticipated that such evidence or argument will be used at trial.

e. Statements concerning the credibility or anticipated testimony of prospective witnesses.

Exceptions ma y be in order if information to the public is essential to the apprehension of a suspect o will be served.

3. Prior criminal convictions are matters of public record and are available to the news media through police agencies or court clerks; law enforcement agencies should, if requested, make such information available to the news media. The public disclosure of this information by the news media may be highly prejudicial without any significant addition to the public's need to be informed. The publication of such information should be carefully considered.

4. Law enforcement and court personnel should not prevent the photographing of defendants when they are in public places outside the courtroom. They should not encourage pictures or televising nor should they pose the defendant. The media should recognize that broadcasting, televising, recording and taking photographs in the courtroom is governed by GR 16 Artist's renditions sketched in the courtroom are not governed by GR 16 and should not be curtailed unless such actions unduly distract participants or impair the dignity of the proceedings.

5. Photographs of a suspect may be released by law enforcement personnel provided a valid law enforcement function is served thereby. It is proper to disclose such information as may be necessary to enlist public assistance in apprehending fugitives from justice.

6. The media are free to report what occurs in the course of judicial proceedings. All participants in the administration of justice should work to keep the entire course of judicial proceedings, including pretrial hearings, open to public scrutiny. The bench should consider using all the means available to ensure protection of a defendant's constitutional rights without interfering with the public's scrutiny of the criminal justice system. The closure of a judicial proceeding should be used only as a last resort.

7. The bar and law enforcement officials should expect that their statements about a case will be reported in the media. Such statements should be made in a time and manner contributing to public understanding of law enforcement and the criminal justice system, rather than influencing the outcome of a criminal trial.