Word: pretrial
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...courts for archaic customs and "adherence, by acquiescence, inertia or other wise, to the 'sporting theory of justice,' which makes justice a game instead of a quest for truth." He even urged the state to emulate federal courts and catch up with other states by approving modern pretrial discovery techniques and summary judgments (where there are no real factual issues) "for the removal of sham actions from the trial calendars." If Thomas surprised his listeners, who included the entire Mississippi Supreme Court, they also surprised him. "Earl, that's just what we need," said one admiring judge...
...commentator was not moved. He slapped a $1,000,000 libel suit against Mrs. Power and three other league members, charging that he had suffered financial loss. He offered no specifics whatever, and he spent the next ten months playing possum with the court. Weary of endless pretrial conferences, Federal Judge Noel P. Fox in Grand Rapids finally ordered Smoot to post a $15,000 bond (he never has) to cover the league's legal fees if it could prove that Smoot's suit was merely for "vexatious purposes." With that, Smoot asked Fox to dismiss the charges...
...newspapers are not without support in the legal profession. "My original view that pretrial publicity is generally harmful to our system of justice has withered away," said Claude R Sowle, associate dean of Northwestern University School of Law. "My basic confidence in the wisdom, effectiveness and good taste of a free press has grown considerably...
House Cleaning. As far as the press is concerned, any censoring of prejudicial pretrial testimony is the court's problem. And the fact is, the police lawyers for both prosecution and defense, and judges themselves, have all betrayed a strong inclination to argue cases in the newspapers...
...press in two states Massachusetts and Oregon, has already adopted voluntary codes that circumscribe the reporting of court procedures. The Massachusetts guide, for example, which is followed by half the dailies in the state, suggests that papers refrain from printing court testimony that has been stricken from the record, pretrial confessions, and criminal records unless introduced as evidence...