President Donald Trump faces four different criminal trials in the coming months. Should each of these trials be televised for the public to watch and judge? The Supreme Court has stood steadfastly against letting the public watch the cases argued before them, even though the court’s decisions can often have major implications for every American. The Constitution guarantees that trials are public and open to everyone. So what could be more public than televising the former president’s criminal trials for the whole world to see?
The criminal justice system could use some help. A majority of Americans feel that justice often does not prevail. A nationwide poll by the respected Rasmussen Reports found that 45% of Americans feel that the justice system is unfair. Only 34% felt that the system is unbiased. That’s a lot of cynicism. Maybe more public trials would help skeptics gain more confidence in a system where many feel over half the time that justice is not served.
America has a strong tradition of public trials. In early colonial America, courthouses were the centers of community life, and most citizens regularly attended criminal trials. In fact, trials frequently became community events. Citizens were knowledgeable about trials, and there was wide participation in the process, especially in rural America where prosecutions were often scheduled on market day, when local farmers came to town for supplies. Many courtrooms were built to accommodate 300 or more observers.
Back then, citizens closely observed the defendants, knew when judges issued ridiculous rulings, and saw firsthand whenever justice was perverted. Whatever happened, the citizens were there, watching. The court system belonged to them. The televising of criminal trials would merely be an extension of this direct review by the average citizen.
Would televising criminal trials create a circus atmosphere? There’s no reason to think that they would. In fact, many of our most sacred ceremonies, including church services and inaugurations, are televised without dignity being lost. Judge Burton Katz said it well: “We should bring pressure to bear on all judges to open up their courtrooms to public scrutiny. Members of the judiciary enjoy great entitlements and wield enormous power.