Sunshine in the Courtroom Act
Encyclopedia
The Sunshine in the Courtroom Act is a bill to allow the broadcasting of U.S. District Court and U.S. Court of Appeals proceedings. It was introduced in 2005, 2007, 2008, and 2009. The 2009 bill has been approved by the Senate Judiciary Committee and is awaiting consideration by the full U.S. Senate. The Senate version is S. 657, and the House version is H.R.3054. In 2009, the Judicial Council of the 9th Circuit expressed interest in televising certain proceedings. The name of the bill is an apparent reference to Louis Brandeis
' remark that "sunshine is the best disinfectant" for ill-doings. In Congressional testimony, Ted Poe
stated, "When I was Assistant District Attorney, I spent my career trying criminal cases, and based on my experiences, I actually feel the cameras in the courtroom benefit a defendant. A public trial
ensures fairness. That is the purpose of a public trial. It ensures professionalism by the lawyers and the judge, and a camera in the courtroom protects the defendant’s right to a public trial." He also opined that lawyers play to the jury
, not to the camera, and claimed that jurors stated they liked the camera inside the courtroom because they wanted the public to know what they heard "instead of waiting to hear a 30-second sound bite from a newscaster who may or may not have the facts correct." Judge John R. Tunheim
opposed the bill, stating that it could deny some defendants a fair trial; e.g. a defendant corporation might forgo its right to a trial because it does not want its president to be cross-examined on television. He also expressed concern that televising trials could increase the incidence of threats against federal judges. The bill relates to Federal Rule of Criminal Procedure 53, which states, "Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom."
Louis Brandeis
Louis Dembitz Brandeis ; November 13, 1856 – October 5, 1941) was an Associate Justice on the Supreme Court of the United States from 1916 to 1939.He was born in Louisville, Kentucky, to Jewish immigrant parents who raised him in a secular mode...
' remark that "sunshine is the best disinfectant" for ill-doings. In Congressional testimony, Ted Poe
Ted Poe
Lloyd "Ted" Poe is a Republican politician currently representing Texas's 2nd congressional district in the United States House of Representatives. The district includes most of northern Houston, as well as most of the Beaumont-Port Arthur metropolitan area. He is the first Republican to ever...
stated, "When I was Assistant District Attorney, I spent my career trying criminal cases, and based on my experiences, I actually feel the cameras in the courtroom benefit a defendant. A public trial
Public trial
Public trial or open trial is a trial open to public, as opposed to the secret trial. The term should not be confused with show trial.-United States:...
ensures fairness. That is the purpose of a public trial. It ensures professionalism by the lawyers and the judge, and a camera in the courtroom protects the defendant’s right to a public trial." He also opined that lawyers play to the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
, not to the camera, and claimed that jurors stated they liked the camera inside the courtroom because they wanted the public to know what they heard "instead of waiting to hear a 30-second sound bite from a newscaster who may or may not have the facts correct." Judge John R. Tunheim
John R. Tunheim
John R. Tunheim is a United States federal judge.Born in Thief River Falls, Minnesota, Tunheim received a B.A. from Concordia College in 1975 and a J.D. from the University of Minnesota Law School in 1980. He was a law clerk to Judge Earl Larson of the U.S...
opposed the bill, stating that it could deny some defendants a fair trial; e.g. a defendant corporation might forgo its right to a trial because it does not want its president to be cross-examined on television. He also expressed concern that televising trials could increase the incidence of threats against federal judges. The bill relates to Federal Rule of Criminal Procedure 53, which states, "Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the broadcasting of judicial proceedings from the courtroom."
See also
- Courtroom photography and broadcastingCourtroom photography and broadcastingCourtroom photographing and broadcasting is permitted in some courtrooms but not in others. Many famous trials, such as the O.J. Simpson murder trial, were televised. In the wake of the O.J. trial, however, many judges decided to ban cameras from their courtrooms...
- Supreme Court of the United States, televisedSupreme Court of the United States, televisedSupreme Court of the United States, televised, refers to the debate over televising proceedings of the Supreme Court of the United States. The Court has never allowed cameras in its courtroom, but it does make audiotapes of oral arguments and opinions available to the public...