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1989-03-24 Comments of Star Tribune.pdf - Minnesota Judicial Branch

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Judges were evenly divided in characterizing their<br />

experience with EMC as positive or neutral. Only<br />

a few respondents (7%) reported that their experi-<br />

ence was negative. Attorneys show a similar split<br />

although a greater percentage (27%) reported hav-<br />

ing a negative experience.<br />

In terms <strong>of</strong> personal preference, about one-fifth to<br />

one-fourth <strong>of</strong> all judge, witness, and juror respondents<br />

said they would have preferred EMC not be present.<br />

Over one-third (38%) <strong>of</strong> all attorney respondents so .<br />

indicated.<br />

Half <strong>of</strong> all judge respondents concluded that EMC had<br />

virtually no effect on the proceeding. One-fifth<br />

said it had a positive effect, another fifth said it<br />

had mixed positive and negative effects, and a few<br />

(8%) said it had a negative overall effect. Jurors<br />

were more negative in their assessment <strong>of</strong> overall<br />

impact: 21% perceived a negative effect from elec-<br />

tronic or photographic media presence.<br />

The above summary statements are based upon interview<br />

and observational data, which together establish clear<br />

patterns regarding the effects <strong>of</strong> EMC. Throughout the<br />

interview data (and to a lesser extent the observational<br />

data) there exists a reservoir <strong>of</strong> skepticism or reported<br />

negativity about EMC. In gross terms, this reservoir can<br />

be said to hover around the 10% level.<br />

The discussion in Section IV attempts to describe the<br />

specific substance <strong>of</strong> the negativity found in interview<br />

and observational data. In the opinion <strong>of</strong> the evaluators,<br />

EMC never was responsible for a "travesty <strong>of</strong> justice".<br />

In only a few instances did experienced attorneys present<br />

a specific theory that EMC did or very well could have<br />

altered case outcome or otherwise impeded the fair ad-<br />

ministration <strong>of</strong> justice. In several other interviews,<br />

a more'.-general speculation about negative EMC impacts<br />

was <strong>of</strong>fered, without arguing that these negative effects<br />

occurred in the case in question.<br />

-2230<br />

.

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