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Abstract

Much has been written about the evils of, and solutions to, the problem of trial by newspaper. It is not the purpose of this article to attempt an exhaustive exposition of all that has been said before, but rather to summarize the problem, to examine the past approaches to its solution, and then to discuss the relative merits of proposed new solutions, such as: (1) amendment and/or enforcement of Canon 20 [of the American Bar Association Canons of Professional Ethics]; (2) adoption by the news media of enforceable codes of ethics; and (3) adoption of criminal legislation which would punish divulgence or publication of prejudicial material. All of these take on added significance in view of the State v. Van Duyne decision and the recent report of the Warren Commission.

I. Introduction

II. The Problem … A. Factual Aspects … B. The Evil Involved … C. The Issues

III. Analysis of Past and Present Solutions … A. The Procedural Safeguards … (1) Change of Venue … (2) Continuance … (3) Voir Dire … (4) Reversal and Mistrial … B. Constructive Contempt by Publication … (1) The English Rule … (2) Contempt by Publication in the United States … C. The United States Supreme Court and the “Fair Trial” Rule

IV. Solutions Which Have Been Proposed: Comparative Analysis … A. Amendment and/or Enforcement of Canon 20 … B. Self-Restraint by News Media … C. Criminal Statutes

V. Conclusion

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