Court covering

COURT COVERINGPresented by : Muhammed Irshad K

MCJ Department, University of calicut

WHAT IS REPORTING ?

Basic skills for a reporter

Nose for news

Observation- Listening

Observation- seeing

Finding things

Deferent areas of reporting

Covering courts

Covering the courts is one of the most challenging and fascinating beats at any news operation, one rich with human drama. The courtroom, after all, is very much like a stage in which the actors - the accused, the attorneys, the judge and jury - all have their roles to play.

Deferent courts in India

Supreme court

High court

District court

Village court

Lok atalath (peoples court)

Mobile court

Family court

Special court

Etc…….

How to Find out stories

CHECK FOR NEW CASES ONCE A WEEK.

Every state has its own court system, with courts in just about every county. Many have websites where you can look through the titles of cases that have been filed recently. Often, you can refine your queries by looking at only civil cases exceeding a particular amount of money, and cases filed within, say, the past week. Skim these to see whether any local public figures or businesses are suing someone -- or being sued.

Some courts post these documents online. If they don’t, they’ll provide you with the names of the attorneys involved, many of whom will be happy to share the PDFs. Not all of them will turn out to be newsworthy, but it only takes a few minutes to skim through them to find out what the core dispute is about -- and what kind of legal remedies, including money, the plaintiffs are asking for.

LOOK UP IMPORTANT NAMES REGULARLY

Those same court websites will also usually let you search for cases by the names of the people or businesses involved. If they do, make a list of local figures, including elected officials, top appointed leaders and others your newsroom follows, as well as important local businesses. Once a week or so, look up these names and see if they’re involved in any new litigation.

Of course, anyone can sue over just about anything, and even in civil cases, people are innocent until found guilty by a judge or a jury. People and companies with money are targets for litigation (just ask Google). Cities often face lawsuits when, for example, citizens are arrested and roughed up by police, or when someone is harmed in a public park. Those can make good follow-ups to articles about the underlying events.

GO WITH YOUR GUT

If you look at enough court filings, after a while they all begin to look the same. The courts are full of lawsuits claiming that electronics companies price-fixed computer components, or that a drug company misled patients about the risks of a particular medication, so it’s tough to tease out the newsworthy ones.

Once in a while, a case title begs for further investigation, such as "United States v. Approximately 64,695 Pounds of Shark Fins," a case mentioned in Sarah Stillman’s recent feature for the New Yorker, “Taken.”

Other factors can also inspire you to dig, Stillman said in an email interview.

“Was a child involved? What was the magnitude of this person’s alleged loss? Does the complaint seem credible? Are there random, quirky things that just pique my interest for inexplicable reasons? All of these can be factors driving my decision to explore further, to pick up the phone or show up at an address," she said. “After slogging through countless documents, you’re inevitably going to find a few that give you that ‘Wow, I have to pursue this’ feeling.”

UNCOVER THE STORY BEHIND THE COURT DOCUMENTS

Once in a while, a court filing -- or a pattern of them -- calls for a deeper look. Although “Taken” was inspired by one of Stillman’s prior articles, it also hinged on a pattern of perfunctory court filings that described assets seized by law-enforcement officials, as well as the lawsuits filed by those citizens. Those lawsuits provided a timeline, narrative structure and the names of potential sources who could put a face on the case, Stillman said.

“Nothing adds more to a story than actually enriching the material I've gleaned with the in-person, flesh-and-blood insights that come from spending time with the individuals involved,” she said.

CHECK OUT THE COURT’S TENTATIVE RULINGS

Many times, judges will post their tentative rulings the day before a hearing, so the attorneys in a case will be able to prepare for the judge’s thoughts or questions. These often provide basic information about the case and a quick snapshot of the judge’s thinking on whether the case should go forward.

If you see something that interests you, follow up the next day with the attorneys or the court clerk to see if the judge adopted the tentative; that’s the start of a news story. If you can spare the time, cover the hearing itself. (If your local court has a daily law-and-motion calendar, sit in for an hour and take notes on the arguments and rulings; something lively is likely to happen.)

CONVERSE WITH PEOPLE, SEARCH THE WEB

New York Times Supreme Court reporter Adam Liptak uncovered the story of Shon Hopwood, the prisoner who wrote a fellow inmate’s Supreme Court petition, while chatting idly with a source on another topic entirely.

“After you’re done doing the story you think you’re doing, hang around and talk to people. You never know what tidbits will turn into a story later,” he told me by phone.

Likewise, Liptak said he’s uncovered some interesting cases simply by asking questions in the search box on legal-research sites. (From my own experience, Google works, too). Many will turn up public links to court filings -- like an obscure Alabama court ruling that helped him set up his article on the Supreme Court’s recent repeal of Section 5 of the Voting Rights Act.

“All you need is a little dab of color” when you search, Liptak said. “You already know what theme you want to pursue; you just need something to bring it to life.”

Do Research Before You Go

do as much research as you can

if there's a highly publicized trial that's been covered in the local media, read up on it before you go

familiarize yourself with everything about the case - the accused, the alleged crime, the victims, the lawyers involved (both the prosecution and the defense) and the judge

get as many of the documents associated with that case from the clerk as possible (you may have to pay photocopying costs.)

Remember, a good portion of the story you write will be background material: the who, what, where,

when, why and how of the case. So the more of that you have ahead of time, the less confused you'll be

when you're in the courtroom.

Dress Appropriately

T-shirts and jeans may be comfortable, butthey don't convey a sense of professionalism.You don't necessarily have to show up in athree-piece suit or your best dress, but wearthe kind of clothes that would be appropriatein, say, an office.

Leave the Weapons At Home

Most courthouses have metal detectors, so don't bring anything that's likely to set off alarms. As a print reporter all you need is a notebook and a few pens anyway.

A Note About Cameras & Recorders

Laws can vary from state to state, but generally are pretty restrictive about bringing cameras or recorders into a courtroom; check with the court clerk before you go to see what the rules are where you live.

Once in the CourtTake Thorough Notes

No matter how much pre-trial reporting you do, chances are you'll find courtroom proceedings a bit confusing at first. So take good, thorough notes, even about things that don't seem that important. Until you understand what's really going on, it will be hard for you to judge what's important - and what's not.

Make Note of Legal Terms You Don't Understand

The legal profession is filled with jargon - legalese -that, for the most part, only lawyers fully understand. So if you hear a term you don't know, make note of it, then check the definition online or in a legal encyclopedia when you get home. Don't ignore a term just because you don't understand it.

Watch For Moments of Real Drama

Many trials are long period of relatively boring procedural stuff punctuated by brief moments of intense drama. Such drama could come in the form of an outburst from the defendant, an argument between an attorney and the judge or the expression on the face of a juror. However it happens, these dramatic moments are bound to be important when you finally write your story, so take note of them

Do Reporting Outside The Courtroom

It's not enough to faithfully transcribe what happensin the courtroom. A good reporter has to do just asmuch reporting outside the court. Most trials haveseveral recesses through out the day; use those to tryto interview the attorneys on both sides to get asmuch background as you can about the case. If thelawyers won't talk during a recess, get their contactinformation and ask if you can call or e-mail them afterthe trial has ended for the day

Media Law(Part Two)Main Text: Osinbajo, Y. and Fogam, K. (1991). Nigerian Media Law. Lagos: Gravitas Publishments.

Contempt

Contempt of court

It is common practice in most countries of the world to establish a court system to settle legal disputes and maintain law and order, and such a court system must

have authority which must not be revered and unimpeded.

Contempt

Contempt of court

The law which guarantees the authority and functioning of the legal system in such a way that such authority is not flouted or impeded is the law of contempt, which is a body of rules established to safeguard the due administration of justice.

Contempt

Contempt of court

The application of this law stems from the extraordinary powers of judges to control what happens in and around the court premises.

Contempt

Contempt proceedings are subject to two principal sources of law:

1. Common Law

2. Statutes

Contempt

Common Law Principles on Contempt

What does contempt involve?

“Contempt of court is a generic term descriptive of conduct in relation to particular proceedings in a court of law which tends to undermine that system or inhibit citizens from availing themselves of it for the settlement of their disputes”.

Contempt



“any act or publication that delays or interferes with the administration of justice in the courts, or that causes justice to miscarry, or that tends to have either of these effects may, under the law, be held to be in contempt of court and be punished by fine or imprisonment or both”.

Contempt



Perhaps the most favoured definition is :

“…any conduct that tends to bring the authority and administration of the law into disrespect or disregard or to interfere with or prejudice parties litigant or their witnesses during litigation”. (J.F. Oswald)

Contempt



It is important to note that the law of contempt is quite uncertain and inexact, though it is frequently classified into two namely:

1. civil contempt

2. criminal contempt

Contempt


Civil Contempt

Civil Contempt, also known as “Contempt in procedure” or “Constructive Contempt” is a wrong done to a person who is entitled to the benefit of an order or judgment

Contempt


Civil Contempt

The primary purpose of civil contempt is to coerce compliance with the court order or ruling.

Contempt


Civil Contempt

A good example of civil contempt is the failure of a party to a civil suit to carry out the terms of a verdict or decision, or the willful disobedience of court orders or disobedience to a subpoena.

Contempt


Civil Contempt

Although, civil contempt often takes place outside the court and is essentially an infringement against private rights, the effect is usually a delay, an interference or an obstruction of the fair administration of justice.

It is therefore punished as if it is criminal contempt, with a jail sentence which ends whenever the court order is obeyed.

Contempt


Criminal Contempt

Criminal contempt “consist of any acts or words which obstruct or tend to obstruct or interfere with the administration of justice.”

Thus any obstruction of court proceedings or court officers, attack on court personnel, and deliberate acts of bad faith or fraud are examples of criminal contempt.

Contempt


Criminal Contempt

There are two principal forms of criminal contempt:

*direct criminal contempt, and

*indirect criminal contempt

Contempt


Direct Criminal Contempt

A direct criminal contempt consists of words spoken or act done in the precincts of the court which obstructs or interferes with the due administration of justice or is calculated to do so.

This is also known as facie curiae.

The main factor that underlies direct contempt is the judge’s personal knowledge of the events that occurred.

Two journalistic activities – taking pictures in court and refusal to testify as to a news source or reveal the source of news have been known to result in contempt.

Contempt


Indirect Criminal Contempt

Indirect criminal contempt also called ex facie curiae is misconduct which occurs away from the court precincts but which still interferes with the proceedings of the court.

Contempt


Indirect Criminal Contempt

Indirect criminal contempt (or constructive contempt) is misconduct which occurs outside the vicinity of the court but which still interferes with the proceedings of the court.

This may be:

[1] acts which interferes with the administration of justice and

[2] publications which have the same effect.

ContemptIndirect Criminal Contempt

acts which interfere with the administration of justice

any act which prevents or is intended to prevent such persons as judges, witnesses, solicitors, bailiffs, etc. from carrying out his official duties is contempt of court.


publication which interferes with the administration of justice

these are:

1. publications of false and inaccurate report of court proceedings

2. publications which discredits the court or judge

3. publications likely to prejudice the fair trial or conduct of criminal or civil proceedings

4. publications likely to interfere with the course of justice


publication which interferes with the administration of justice

publications likely to prejudice the fair trial or conduct of criminal or civil proceedings

regardless of the form of the publication, there are three distinct stages in a trial in any or all of which newsmen or others may be liable in contempt of course because of their publications regarding a case. These are:

1. before trial

2. during trial

3. after the verdict or decision has been rendered


when is a case sub judice?

a case may be said to be sub judice once a writ or charge or summons has been issued however there may be a contempt as soon as proceedings are imminent but not yet initiated


the test of liability

the test is whether in the circumstances there was a real risk [not just a remote possibility] that the fair trial of the action was likely to be prejudiced

Education

Court covering