Federal Rules of Criminal Procedure

Cameras in the court: Why most Trump trials won’t be televised

Retrieved on: 
Tuesday, August 22, 2023

Americans will have few opportunities to binge-watch the Donald J. Trump trials.

Key Points: 
  • Americans will have few opportunities to binge-watch the Donald J. Trump trials.
  • Even members of Congress from both sides of the aisle proposed legislation requiring cameras in the U.S. Supreme Court.
  • In this age of Court TV and Judge Judy, why would trials not be televised?
  • There are many reasons why all trials aren’t televised, spanning the history of case law, congressional legislation, empirical research, high-profile “circus” trials and, in some cases, fear.

From public to pensive

    • The right to a public trial is enshrined in English common law and the Sixth Amendment to the U.S. Constitution.
    • Almost everyone is guaranteed public access to, and thus oversight of, their case, which allows the public to hold the system accountable.
    • But the courts have struggled to define how “public” to make a public trial.
    • Generally, in most state courts, an individual judge can make the ultimate decision about allowing cameras in their courtroom.

Grandstanding or transparency?

    • A lawyer representing Trump in the federal 2020 election case said in July that he would prefer cameras in the courtroom.
    • Judges say cameras invite grandstanding by lawyers, intimidate jurors and witnesses, or cause select sound bites to reflect poorly on the court.
    • Introduce the possibility of using artificial intelligence to create deepfake videos about courtroom proceedings, and judges may get even more skittish.
    • One study indicates that recording trials can actually help train better lawyers by viewing, not just reading about, previous cases.
    • A 1994 Federal Judicial Center study found that judges and lawyers noted little-to-no detrimental effect of cameras on federal proceedings.

The National Police Association Files Suit to Obtain the Nashville Shooter 'Manifesto'

Retrieved on: 
Monday, May 1, 2023

On April 27, 2023, it was reported MNPD will release Hale's writings in some form at some point.

Key Points: 
  • On April 27, 2023, it was reported MNPD will release Hale's writings in some form at some point.
  • The writings of killers often offer critical insights into the factors that contribute to the development of criminal behavior.
  • The Metro Nashville Police Department has sought to rely upon a rule of Criminal Procedure to deny public access, but those Rules only relate to a 'criminal proceeding.'
  • 23-0538-III CLATA RENEE BREWER v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, IN THE CHANCERY COURT FOR DAVIDSON COUNTY, TENNESSEE TWENTIETH JUDICIAL DISTRICT, AT NASHVILLE.

Donald Trump and the dying art of the courtroom sketch

Retrieved on: 
Tuesday, April 18, 2023

Because Trump is the first former U.S. president to be criminally indicted, there is immense public interest in this case.

Key Points: 
  • Because Trump is the first former U.S. president to be criminally indicted, there is immense public interest in this case.
  • Yet with more and more jurisdictions allowing cameras into courtrooms, courtroom artists now find themselves working in a dying field.
  • Having studied both courtroom sketches and tabloid crime photography, I sometimes wonder what might be lost if courtroom art were to become extinct.

The history of courtroom sketches

    • Despite their dwindling numbers, courtroom artists are still able to pursue their craft because many judges continue to forbid photography in their courtrooms.
    • Yet a national standard for banning cameras in U.S. courtrooms is less than 100 years old.
    • When news photography flourished after World War I, courtroom photographs became a staple of tabloids such as the New York Daily News.
    • After investigating the sensational publicity surrounding the Hauptmann trial, the American Bar Association went on to ban courtroom photography in Canon 35 of its 1937 Canons of Judicial Ethics.

An artistic flash

    • Working with a print or television news agency, freelance courtroom artists need to draw quickly to meet news deadlines.
    • Part of the drama stems from a courtroom artist’s ability to compress hours of court action into a single drawing.
    • It is in this way that courtroom sketches can make viewers feel the emotional pull of the trial’s main characters.

One sketch goes viral

    • This is what happened in Jane Rosenberg’s viral courtroom sketch of Trump.
    • Made up of energetic pastel-chalk lines that are suggestive but ultimately unfinished, the rough sketch aesthetically aligns with the moral “sketchiness” that has long dogged Trump.

The afterlives of courtroom sketches

    • Even though the practice of courtroom illustration has been described as a dying art form, courtroom sketches, like other cultural artifacts, are not only preserved in special collections and exhibits; they can also evolve through successive framings and interpretations.
    • In our current digital world, courtroom sketches can go viral on social media, especially if the artist fails to accurately capture the likeness of a high-profile, celebrity defendant.
    • Rosenberg herself is no stranger to creating viral courtroom sketches.

Supreme Court Case Challenging SEC’s Unlawful Admin. Proceedings Draws Strong Amicus Support

Retrieved on: 
Friday, July 8, 2022

Ms. Cochran requests that her case be heard before a real Article III federal court that is competent to decide the claims at issue.

Key Points: 
  • Ms. Cochran requests that her case be heard before a real Article III federal court that is competent to decide the claims at issue.
  • Ten briefs were filed in support of Ms. Cochran and against SECs deeply flawed administrative proceedings.
  • NCLAs lead counsel on the case, Senior Litigator Peggy Little, successfully argued it before the en banc Fifth Circuit.
  • Latham & Watkins partner Greg Garre, a former Solicitor General of the United States, is Counsel of Record at the U.S. Supreme Court.

NCLA Backs SCOTUS Case Seeking to Resolve Circuit Split on Interp of Federal Civil Proc. Rule 60(b)

Retrieved on: 
Wednesday, March 2, 2022

When the Supreme Court adopted the Federal Rules of Civil Procedure in the 1930s, it provided that Rule 60 should be available to correct judicial errors of law.

Key Points: 
  • When the Supreme Court adopted the Federal Rules of Civil Procedure in the 1930s, it provided that Rule 60 should be available to correct judicial errors of law.
  • The Government and the Eleventh Circuit both recognized that the district court committed a legal error.
  • Moreover, Congress updated the Rule soon after its initial implementation to expand litigants ability to obtain relief from erroneous judgments.
  • NCLA is a nonpartisan, nonprofit civil rights group founded by prominent legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State.