THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
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VOLUME 3 - CHAPTER 16
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16.11 Media In The Courtroom

    16.11.1 Cameras In The Courtroom: Explaining Purpose And Function To Jury
    16.11.2 Media Coverage Of Jurors In Courtroom: Potential Prejudice

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
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VOLUME 3 - CHAPTER 16

RATIONALE: The presence of in-court cameras or photographic equipment may improperly influence the jurors by distracting them or causing them to speculate.

POINTS AND AUTHORITIES: Photographic equipment, television cameras, etc. may not be barred from the courtroom without a specific showing of good cause. (See Chandler v. Florida (1981) 449 US 560, 574-75, 581 [101 SCt 807; 66 LEd2d 740] [absolute Constitutional ban on broadcast coverage of trial cannot be justified; cameras can be banned only on a specific showing that "the media’s coverage of [the] case – printed or broadcast – compromises the ability of the jury to judge [the defendant] fairly"]; see also Canon 21-800 of Code of Judicial Conduct for Guidelines for Broadcasting, Televising, Photographing and Recording of Court Proceedings.)

    When cameras, etc. are present, a special explanatory instruction may be appropriate.

FEDERALIZATION: To federalize this request, click here. [Constitutional Macro 7.5].

CAVEAT: An instruction such as those below may be potentially prejudicial to the defendant by suggesting to the jury that there is a need for the jurors to be protected from public exposure. (See NCJIC Chapter 17 [Security And Privacy Issues].) In such a situation, it may be appropriate to supplement the above instruction with language informing the jury that these procedures are purely administrative ones which are done in every case involving cameras and microphones. (See, e.g., NCJIC 17.1.4 [Instruction Should Inform Jury That Security Measures Are Normal Procedures].)

RESEARCH NOTES:

Cohn & Dow, Cameras In The Courtroom: Television and the Pursuit of Justice (1998 McFarland & Co.).

Wharton’s Criminal Procedure (West, 13th ed. 1989) § 439.

    There may be a [photographer] [camera operator] in court during the trial.  If you hear any noise or see movement of the equipment, please ignore it and continue with your duties as jurors.

    Do not consider whether this trial will be covered by the media.  I admonish you to put that matter out of your mind.

THE NATIONAL CRIMINAL JURY INSTRUCTION COMPENDIUM
Instructions And Issues Omitted By The Pattern Instructions
Copyright & Publication Information

VOLUME 3 - CHAPTER 16

PRACTICE NOTE: If the in-court media are prohibited from photographing the jurors this may raise a prejudicial inference that the defendant is dangerous and/or guilty. (See NCJIC 17.1.2 [Courtroom Security: Sources Of Prejudice To The Defendant].) Hence, consideration should be given as to (1) whether the prohibition should be included in the instruction (see Sample Instruction # 2, NCJIC 16.11.1 [Cameras In The Courtroom: Explaining Purpose And Function To Jury]), and (2) whether the jurors should be specifically instructed that the prohibition is a normal procedure that has nothing to do with the defendant. (See NCJIC 17.1.4 [Instruction Should Inform Jury That Security Measures Are Normal Procedures].)