Audio-visual Coverage of Courts: A Comparative Analysis

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Overview

Researched over a period of fifteen years and written by an author who has participated in each country's debate, Audio-Visual Coverage of Courts is the first book to undertake a comprehensive comparative study of televised court proceedings in Great Britain, the United States, Canada, Australia and New Zealand. Exhaustive in his identification and analysis of relevant law and key developments, Daniel Stepniak also relies on hitherto largely unpublished primary sources to provide unprecedented coverage of the experiences of courts. Through analysis of common law courts' regulation of audio-visual reporting, Daniel Stepniak proposes a theoretical framework and proven action plan for the attainment of the potential benefits of audio-visual coverage, and argues that technological advances, the entrenchment of rights and, above all, the recognition by courts of their vested interest in facilitating greater public access to and understanding of judicial proceedings have all led to audio-visual coverage becoming increasingly perceived as desirable.

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Editorial Reviews

From the Publisher
Review of the hardback: '… an excellent review of the state of play within the debate surrounding the presence of cameras in courtrooms … The author is to be highly commended … Audio-visual Coverage of Courts … is well-written, highly accessible and clearly argued throughout … a fine book indeed, and ought to be considered both a benchmark and a starting point for any serious future study on this emotive and important aspect of open justice within common law jurisdictions and beyond.' Communications Law
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Product Details

  • ISBN-13: 9780521875271
  • Publisher: Cambridge University Press
  • Publication date: 12/31/2007
  • Edition description: New Edition
  • Pages: 526
  • Product dimensions: 5.98 (w) x 8.98 (h) x 1.42 (d)

Meet the Author

Daniel Stepniak teaches law at the University of Western Australia.

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Table of Contents

Table of Legislation     vii
Table of Cases     xii
List of Abbreviations     xix
Introduction     1
An overview of the history of the debate     1
Current issues of the debate     3
The key arguments     6
Structure     7
Scope and terminology     9
United Kingdom     11
Introduction     11
The Caplan Report     13
Towards greater openness of justice     15
Broadcast of parliamentary proceedings     20
First broadcasts of judicial proceedings     21
Relaxation of the Scottish common law prohibition     22
Impact of the broadcast of overseas trials     29
House of Lords broadcasts     32
The Lockerbie trial and appeal     35
Televised public inquiries     41
Implications of recent rulings for current restrictions and statutory prohibitions     45
Impact of the Human Rights Act 1998 on rights and UK judges     52
Pilot recording of appeal proceedings and public consultation     56
Conclusion     64
Key American experiences     69
Introduction     69
Early concerns regardingcourt reporting     71
Televising as a constitutional right     83
Experiences of state jurisdictions     96
Streaming or webcasting of state courts     122
Experiences of US federal courts     128
Conclusion     146
Canada     148
Introduction     148
Appeal courts     150
Coverage of trial proceedings     162
Rights     181
General implications and issues     208
Australia     210
Introduction     210
Restrictions on courtroom broadcasting     211
Features distinguishing Australia's experiences     221
Early experiences of Australian courts     233
Specific experiences of Australian courts     237
Quasi-judicial and parliamentary experiences with televising     281
What do Australian experiences with televising reveal?     290
New Zealand     300
Introduction     300
Decision to undertake an experiment     301
The Pilot Programme     326
Evaluation     335
Recent studies     339
Post-Pilot Programme developments     341
Conclusion      348
Comparative analysis of findings and conclusions     351
Introduction     351
Evidence as to effects     352
Determinative factors     406
Conclusion     414
Appendices     417
Persons Consulted     417
Guidelines for Electronic Coverage of Judicial Proceedings, Western Australian Courts (1996)     423
Bibliography     425
Index     486

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