Unfair trials due to pre-trial publicity


Nature

Premature publicity concerning criminal trials (especially trials by jury) when critical of the accused, undermines his enjoyment of the right to a fair hearing. This is particularly true of accused persons belonging to racial or other groups against whom prejudice exists in the community in whose midst the trial is being held or will be held. In some countries, committal proceedings may be reported in the press, yet the accused may have reserved his defence and only the prosecution's case may, therefore, have been heard; such one-sided publicity may prejudice the attitude of persons later serving on a jury in the trial of the accused. In any type of judicial proceeding, and at any stage of the hearing, unfavourable and unfair publicity may work to the particular detriment of members of groups against whom prejudice already operates.


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