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MN Advisory Comm Exhibits 1-18 - Minnesota Judicial Branch

MN Advisory Comm Exhibits 1-18 - Minnesota Judicial Branch

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G<br />

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(14)<br />

(15)<br />

(16)<br />

(17)<br />

(<strong>18</strong>)<br />

-4-<br />

One never knows for suretihat the impact is.<br />

Because it may jeopardize fairness and because<br />

broadcasting is not court business, why put<br />

process at risk by an unmeasureable procedure<br />

that is at best peripheral to court responsi-<br />

bility?<br />

If broadcasts are made, how will the separation<br />

of witnesses rule be enforced? What will lack<br />

of separation do to the power of suggestion?<br />

How will the courts calibrate its effects?<br />

If a broadcast trial eventually has to be re-<br />

tried, where will an impartial jury be secured<br />

for a second trial? Will it be necessary to<br />

develop a rule totally sterilizing bias by<br />

simple disavowal?<br />

Is there jeopardy for participants in the wide-<br />

spread identification by photograph whether<br />

still, taped or live?<br />

If a public broadcast is essential to a public<br />

trial, what of equal protection? If one party<br />

has a public electronic trial, can another insist<br />

upon it?<br />

The electronic media are understandably inter-<br />

ested in drama. If dramatic eclecticism results<br />

in one-sidedness, has Due Process been violated?

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