Read Justice in Plain Sight How a SmallTown Newspaper and Its Unlikely Lawyer Opened America Courtrooms Dan Bernstein 9781496202017 Books
Download As PDF : Justice in Plain Sight How a SmallTown Newspaper and Its Unlikely Lawyer Opened America Courtrooms Dan Bernstein 9781496202017 Books
Justice in Plain Sight is the story of a hometown newspaper in Riverside, California, that set out to do its job tell readers about shocking crimes in their own backyard. But when judges slammed the courtroom door on the public, including the press, it became impossible to tell the whole story. Pinning its hopes on business lawyer Jim Ward, whom Press-Enterprise editor Tim Hays had come to know and trust, the newspaper took two cases to the U.S. Supreme Court in the 1980s. Hays was convinced that the public—including the press—needed to have these rights and needed to bear witness to justice because healing in the aftermath of a horrible crime could not occur without community catharsis. The newspaper won both cases and established First Amendment rights that significantly broadened public access to the judicial system, including the right for the public to witness jury selection and preliminary hearings.
Justice in Plain Sight is a unique story that, for the first time, details two improbable journeys to the Supreme Court in which the stakes were as high as they could possibly be (and still are) the public's trust in its own government.
Justice in Plain Sight is a unique story that, for the first time, details two improbable journeys to the Supreme Court in which the stakes were as high as they could possibly be (and still are) the public's trust in its own government.
Read Justice in Plain Sight How a SmallTown Newspaper and Its Unlikely Lawyer Opened America Courtrooms Dan Bernstein 9781496202017 Books
"The book is clearly the result of meticulous research on the part of the author, a retired journalist. The story (really a few stories) concerns the efforts of the Press Enterprise, a small family owned and fiercely independent newspaper based in Riverside, California, to attend jury selection in one death penalty case, and the preliminary hearing in another on appeal to the U.S. Supreme Court . Each of the cases concerned horrific crimes - and reporters from the Press Enterprise were denied access to those parts of the trial. The paper selected a business lawyer to represent it. He was not experienced in Supreme Court cases, or First Amendment actions -- but worked diligently with his associates and with other lawyers -- and was able to win in the Court. The reader, through a masterful prologue, is given the facts of the alleged crimes and the personalities of the lawyers, judges, victims and families, and the defendants involved in the cases. The author explains everything in plain language and tremendous clarity. It is easy to read, and the legal principals and policies are easy to understand."
Product details
|
Tags : Justice in Plain Sight How a Small-Town Newspaper and Its Unlikely Lawyer Opened America's Courtrooms [Dan Bernstein] on . <DIV><I>Justice in Plain Sight</I> is the story of a hometown newspaper in Riverside, California,Dan Bernstein,Justice in Plain Sight How a Small-Town Newspaper and Its Unlikely Lawyer Opened America’s Courtrooms,University of Nebraska Press,1496202015,Conduct of court proceedings - United States,Conduct of court proceedings;United States.,Free press and fair trial - United States,Free press and fair trial;United States.,Journalism, Legal - United States,Newspaper court reporting - United States,Newspaper court reporting;United States.,United States,General Adult,HISTORY / United States / 20th Century,HISTORY / United States / State Local / West (AK, CA, CO, HI, ID, MT, NV, UT, WY),History,History/United States - 20th Century,History/United States - State Local - West (AK, CA, CO, HI, ID, MT, NV, UT, WY),LANGUAGE ARTS DISCIPLINES / Journalism,LAW / Legal History,Law,Law/Legal History,Legal Studies; Proposition 9; California; Legal History; Political Science; Political Reform Act; Campaign Finance; Press-Enterprise; Riverside; Journalism; Jim Ward; Tim Hays; Supreme Court; 1980s; First Amendment; Newspaper; Public Access; Judicial System; Trials; Courtrooms; Freedom of the Press,Legal Studies;Proposition 9;California;Legal History;Political Science;Political Reform Act;Campaign Finance;Press-Enterprise;Riverside;Journalism;Jim Ward;Tim Hays;Supreme Court;1980s;First Amendment;Newspaper;Public Access;Judicial System;Trials;Courtrooms;Freedom of the Press,Newspaper court reporting - United States,Newspaper court reporting;United States.,Non-Fiction,UNIVERSITY PRESS,United States,HISTORY / United States / 20th Century,HISTORY / United States / State Local / West (AK, CA, CO, HI, ID, MT, NV, UT, WY),History/United States - 20th Century,History/United States - State Local - West (AK, CA, CO, HI, ID, MT, NV, UT, WY),LANGUAGE ARTS DISCIPLINES / Journalism,LAW / Legal History,Law/Legal History
Justice in Plain Sight How a SmallTown Newspaper and Its Unlikely Lawyer Opened America Courtrooms Dan Bernstein 9781496202017 Books Reviews :
Justice in Plain Sight How a SmallTown Newspaper and Its Unlikely Lawyer Opened America Courtrooms Dan Bernstein 9781496202017 Books Reviews
- The book is clearly the result of meticulous research on the part of the author, a retired journalist. The story (really a few stories) concerns the efforts of the Press Enterprise, a small family owned and fiercely independent newspaper based in Riverside, California, to attend jury selection in one death penalty case, and the preliminary hearing in another on appeal to the U.S. Supreme Court . Each of the cases concerned horrific crimes - and reporters from the Press Enterprise were denied access to those parts of the trial. The paper selected a business lawyer to represent it. He was not experienced in Supreme Court cases, or First Amendment actions -- but worked diligently with his associates and with other lawyers -- and was able to win in the Court. The reader, through a masterful prologue, is given the facts of the alleged crimes and the personalities of the lawyers, judges, victims and families, and the defendants involved in the cases. The author explains everything in plain language and tremendous clarity. It is easy to read, and the legal principals and policies are easy to understand.
- A true page turner. Very well written by an author best known for his newspaper humor columns. In the interest of full disclosure, I was closely involved in the “lifespan†of these cases. The author captures the full range of emotions, frustrations, and, ultimately, the satisfaction of the unbiased members who work in the criminal justice system after the Supreme Court decisions.
- Thank you to NetGalley, University of Nebraska Press and Dan Bernstein for an ARC ebook copy to review. As always, an honest review from me.
So many great aspects to this book. It definitely makes me want to stand up and do what’s right for all people.
I really liked the concepts.
A small town newspaper demanding an open court system and winning. #LoveIt
Journalism making a positive impact on their community. #AnotherWin
Learning about the inner workings of journalism, the court system and Supreme Court case processes. #Fascinating
You will learn so much about all of this and more, by reading Justice in Plain Sight. I think it’s a great book for people, especially students, who want to learn more about these concepts in a more example driven manner. I also liked that the transcripts from portions of the Supreme Court cases were provided. It really helped me to understand. It also gave the true feel of the atmosphere, during that era. The process may not have been flashy, but it was necessary and impactful for years to come.
However, the material is fairly dense so reading requires good concentration. It’s not a book to read when you’re tired or distracted. Also a few times I got a little lost, but ended up figuring it out.
Overall, I learned a lot about a concept in history that I previously knew nothing about. An informative, strong book that made me more appreciative of all the journalists in the current political climate. - These days it's common to see high profile trials on television, like those of Jeffrey Dahmer; Lyle and Erik Menendez; O.J. Simpson; Scott Peterson; Martha Stewart; Jody Arias; Dr. Conrad Murray; Casey Anthony; Aaron Hernandez; and others. At one time, however, courtrooms could be closed to the public on the whim of the presiding judge.
In this book, Dan Bernstein - a former journalist for the Riverside, California 'Press-Enterprise' - tells the story of his newspaper's leading role in two Supreme Court decisions that opened the courtrooms. Bernstein's story is fascinating from a legal standpoint, since the public now has a constitutional right to observe trials - and even preliminary hearings - from beginning to end. Exceptions occur if there are COMPELLING reasons to close the courtroom with NO OTHER REMEDIES - but this is a very high bar.
The book is also interesting for its details about the players, including newspaper people, attorneys, judges, law clerks, and Supreme Court justices. Bernstein describes their backgrounds, personalities, quirks, opinions and so on - all of which provides a fine personal touch.
*****
Prior to the 1980s the public was often banned from California courtrooms for at least parts of trials. This was usually done to preserve the privacy of jurors during voir dire and/or to insure that the defendant got a fair trial. Most California newspapers, including the Press-Enterprise, didn't make a fuss.
However, when three heinous crimes in the early 1980s resulted in death penalty trials in Riverside County, Press-Enterprise publisher Tim Hays wanted to cover the whole shebang - including voir dire and preliminary hearings. Hays felt the public had a right to know exactly how the criminal justice system worked, and to observe that it (presumably) operated fairly.
The trio of crimes included the rape of a white high school student by an African-American man named Albert Greenwood Brown; a deadly bank robbery engineered by Christopher and Russell Harven and their gang; and the murder of twelve elderly hospital patients by a male nurse called Robert Rubane Diaz.
The first trial to draw Hays' attention was that of rapist Albert Brown, in which the judge blocked access to jury selection. Feeling the public had a right to observe voir dire - and encouraged by executive editor Norman Cherniss and senior editor Mel Opotowsky - Hays hired a lawyer to represent the Press-Enterprise. The litigator was Jim Ward - the self-styled 'world's greatest attorney.' 😊
Ward asked the trial judge to open voir dire, then approached the California appellate court, and finally petitioned the California Supreme Court.....all to no avail. After much deliberation, Ward appealed to the United States Supreme Court, a step-by-step procedure that's carefully explained in the book. Luckily, the Supreme Court elected to hear the case.
Ward's preparations and appearance before the Supreme Court - as well as the justices' thoughts and exchanges and the maneuverings of opposing parties - are described in detail. This makes for riveting reading. I was amused to see that Justice Harry Blackmun - in his private notes - described Ward as "greying & glasses" and rated Ward's presentation as a 5 (out of 10). Ward also had a jocular exchange with Justice Sandra Day O'Connor, in which he essentially said "I'll be back."
The Supreme Court's resulting 1984 decision was a victory for the Press-Enterprise, whose front page story read "Supreme Court Says Open Jury Selection Is To Be The Rule."
Next, multiple murderer Robert Diaz's pretrial formalities drew the Press-Enterprise's attention to preliminary hearings. These hearings - since they often lead to plea bargains - are frequently the entirety of 'a trial.' As Ward predicted, he was back at the Supreme Court in 1986 - this time to argue for open preliminary hearings. Once again all of Ward's preparations - and the thoughts and actions of the other participants - are thoroughly explicated.
This time attorney Jim Ward and his wife arrived in Washington, D.C. days ahead of the Supreme Court hearing and enjoyed "French toast at Gadsby's Tavern.....dinner at a sedate and excellent French restaurant....lunch at the University Club.....the fun, trendy, cluttered Filomena Italian Restaurant....the clock exhibit at the Renwick Gallery.....and a trip to the Bureau of Printing and Engraving." It seems like Ward was much more relaxed this time around. 🙂👌
After the Supreme Court presentations Ward prevailed once again, and the justices ruled that the public and press have a right to attend pretrial hearings. The combination of Supreme Court rulings essentially "pried open America's courtrooms, barring judges from arbitrarily shutting the public out of criminal trials and hearings."
In an epilogue, Bernstein mentions a number of criminal proceedings since the 1980s that were kept open because of the above rulings, even when the prosecution and /or defense requested closure. The public has a right to know.
The end of the book includes a long section of notes and acknowledgements, attesting to the copious research that went into this narrative.
Full disclosure the book felt a bit padded in places. However, I thoroughly enjoyed it and recommend it to readers interested in the subject.
Thanks to Netgalley, the author (Dan Bernstein) and the publisher (University of Nebraska Press) for a copy of the book. - This book does an amazing job of highlighting two crucial Supreme Court decisions, the immediate history leading up to them, the particular cases that spawned them, the people involved at every level of these cases, and even the impact these two cases would have many years later. And it explains some very particular legalese in a way that virtually anyone who can read at least at a high school level can read and understand easily. In other words, Bernstein does for the public what these cases themselves did for the press and lawyers allows us to appreciate just how monumental these two cases were. Very highly recommended reading for everyone.
