Closing arguments were held today in Raleigh in the murder trial of Bradley Cooper, accused of killing his wife Nancy near their Cary, North Carolina home. When you see the pictures and video coverage of Brad Cooper a criminal trial, you may ask yourself where those pictures come from…Aren’t photographers banned from courtrooms? Isn’t that why we always see sketch-artists’ renderings of criminal proceedings? The short answer is that cameras used to be prohibited in North Carolina courtrooms, but have been fully permitted since 1990.
Cameras have been in courtrooms in the United States for almost as long as there have been cameras in common use. In the 1930’s, following the heavily publicized Lindbergh kidnapping case, the American Bar Association made recommendations limiting the use of cameras and other recording devices in the courtroom, and many states incorporated these recommendations into law. It was not until 1970, however, that North Carolina first banned these recording devices. The rule followed the U.S. Supreme Court’s ruling in the Estes case, where the defendant claimed his right to a fair trial had been impeded by television coverage, and the Supreme Court agreed. North Carolina’s prohibition on cameras and similar devices continued through the 1980’s, during which time the U.S. Supreme Court ruled on another case which affected the rule. In Chandler v. Florida, the defendants claimed their rights to a fair trial had been impeded by television coverage of their case. The Supreme Court found that there was no evidence that the presence of broadcast media inherently results in a lack of due process. By 1987, North Carolina, among other states, had adopted more relaxed rules, which permitted use of cameras in courtrooms under limited and controlled circumstances. Finally, in 1990, the North Carolina Supreme Court issued rules which allowed cameras in courtrooms. Rule 15 of the General Rules of Practice for the Superior and District Courts of North Carolina creates the presumption that all state courts in North Carolina are open to cameras and other recording devices. There are still regulations of course; the recording devices cannot be intrusive to the proceedings due to their location or the noises they make, and the judge retains discretion to not allow recording devices. Also, recordings are not permitted of adoptions, juvenile cases, probable cause hearings, child custody cases, or other cases where the identity of the participants must be protected, and it is not permissible to record jury members, undercover agents, witnesses, or other people whose identity must be protected in the interests of justice.
The Wake County Superior Court has not chosen to prohibit cameras in the courtroom during Brad Cooper’s trial, which is why you are able to see pictures of Mr. Cooper and his attorneys, but you will not see pictures of the jury members.
If you have comments or questions about this blog post we invite you to submit your comments below. If you are in Durham, Chapel Hill, Raleigh, or anywhere in North Carolina and have questions about a legal matter you may contact the Taibi Kornbluth Law Group directly at contact@taibikornbluth.com
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