Trial by media

Perception of one's guilt or innocence via coverage

For the TV series, see Trial by Media (TV series).

This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed.
Find sources: "Trial by media" – news · newspapers · books · scholar · JSTOR (March 2019) (Learn how and when to remove this message)

|

Trial by media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a person's reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law.[1] It is particularly relevant in cases where high-profile individuals stand trial, with the concern that the impartiality of the jury may be compromised by extraneous information, disrupting due process and resulting in an unfair trial.[2]

## Etymology and early use

[edit]

The concept was popularized for the first time as Trial by Television in response to the 3 February 1967 television broadcast of The Frost Programme, hosted by David Frost.[3] The confrontation and Frost's personal adversarial line of questioning of insurance fraudster Emil Savundra led to concern from ITV executives that it might affect Savundra's right to a fair trial.[4]

## Description

[edit]

During high-publicity court cases, the media are often accused of provoking an atmosphere of public hysteria akin to a lynch mob which not only makes a fair trial nearly impossible but means that regardless of the result of the trial, the accused will not be able to live the rest of their life without intense public scrutiny.[5]

Although popularized in 1967, the idea that popular media can have a strong influence on the legal process goes back certainly to the development of the printing press and probably much further.[6][original research?] This is not including the use of a state-controlled press to criminalize political opponents, but in its commonly understood meaning covers all occasions where the reputation of a person has been drastically affected by ostensibly non-political publications.[7]

Often the coverage in the press can be said to reflect the views of the person in the street. However, more credibility is generally given to printed material than 'water cooler gossip'. The responsibility of the press to confirm reports and leaks about individuals being tried has come under increasing scrutiny and journalists are calling for higher standards. There was much debate over U.S President Bill Clinton's impeachment trial and prosecutor Kenneth Starr's investigation and how the media handled the trial by reporting commentary from lawyers which influenced public opinion.[8]

In the United Kingdom, strict contempt of court regulations restrict the media's reporting of legal proceedings after a person is formally arrested. These rules are designed so that a defendant receives a fair trial in front of a jury that has not been tainted by prior media coverage. Newspapers like the Daily Mirror and The Sun have been prosecuted under these regulations, although such prosecutions are rare.[9] It is also within the power of the courts to prevent the jury from accessing electronic devices during the course of the trial.[10] Furthermore, court security officers are authorized to search for electronic devices that they suspect a juror may have failed to surrender as per the judge's request.[11] Consequently, to conduct research into the case using electronic devices, and indeed share this information with other jurors, is punishable by a fine or imprisonment for up to two years.[12][self-published source?]

## See also

[edit]

* Amanda Knox
* Brett Kavanaugh
* Casey Anthony
* Calciopoli
* Court of public opinion
* Courtroom photography and broadcasting
* Day-care sex-abuse hysteria
* Death of Azaria Chamberlain
* Duke lacrosse case
* Extraordinary Popular Delusions and the Madness of Crowds
* Femme fatale
* Fishing expedition
* Huw Edwards
* Jasleen Kaur harassment controversy
* Karl Muck
* McMartin preschool trial
* Media circus
* Nancy Grace
* Presumption of guilt
* A Rape on Campus
* Richard Jewell
* Richard Ricci
* Sam Sheppard
* Sensationalism
* Trial by ordeal
* Witch-hunt

## References

[edit]

1. ^ Middleweek, Belinda (4 May 2017). "Dingo media? The persistence of the 'trial by media' frame in popular, media, and academic evaluations of the Azaria Chamberlain case". Feminist Media Studies. 17 (3): 392–411\. doi:10.1080/14680777.2016.1235054. hdl:10453/123672. S2CID 151827061.
2. ^ Phillipson, Gavin (2008). "Trial by Media: The Betrayal of the First Amendment's Purpose". Law and Contemporary Problems. 71 (4): 15–29\. JSTOR 27654682. Gale A191514423.
3. ^ Jeffries, Stuart (1 September 2013). "Sir David Frost obituary". The Guardian. ISSN 0261-3077. Retrieved 1 August 2023.
4. ^ Jeffries, Stuart (1 September 2013). "Sir David Frost obituary". The Guardian.
5. ^ Nanda, Neelam (March 2016). "Impact of Media activism on Social renaissance". Amity Journal of Media & Communications Studies. 5 (3): 41–47.
6. ^ Christie, Suzanne (1 July 1998). "Trial by media: politics, policy and public opinion, the case of the ACT heroin trial". Current Issues in Criminal Justice. 10 (1): 37–51\. doi:10.1080/10345329.1998.12036112. ISSN 1034-5329.
7. ^ Statham, Simon (2016). Redefining Trial by Media: Towards a critical-forensic linguistic interface. John Benjamins Publishing Company. ISBN 978-90-272-6682-8.[page needed]
8. ^ "Legal News: News Hour with Jim Lehrer" (Transcript). Public Broadcasting System (PBS). 19 October 1998. Retrieved 12 March 2011.
9. ^ Bowcott, Owen (5 July 2011). "Contempt of court rules are designed to avoid trial by media". The Guardian.
10. ^ Act, 69. Criminal Justice and Courts Act 2015. 13 April 2015.
11. ^ Act, 70. Criminal Justice and Courts Act 2015. 13 April 2015.
12. ^ "Pulling at the Curtain, Social Media and Jury Trials – Paul Wragg". Inforrm's Blog. 17 November 2017.

## External links

[edit]

* Condemnation of trial by media Archived 4 March 2016 at the Wayback Machine. Complete text of the judgement by the Andhra Pradesh High Court, India.

* v
* t
* e

Miscarriage of justice

Types of misconduct|

* Prosecutorial misconduct
* Police misconduct
* Police corruption
* Selective prosecution
* Malicious prosecution
* Selective enforcement
* Abuse of process
* Attorney misconduct
* Bad apples
* Abuse of discretion
* Entrapment
* False arrest
* Gaming the system
* Justice delayed is justice denied
* Legal malpractice
* Kangaroo court
* Sentencing disparity
* Show trial
* Trial by media
* Sharp practice
* Jury tampering
* Witness tampering
* Brady disclosure
* Spoliation of evidence
* Civil wrong

False evidence|

* False confession
* Forced confession
* False accusation
* Rape
* Child sexual abuse
* Police perjury
* Mistaken identity
* Eyewitness memory
* Eyewitness identification
* Cross-race effect
* Misinformation effect
* Tampering with evidence
* Frameup

Wrongful convictions|

* List of wrongful convictions in the United States
* List of exonerated death row inmates
* List of miscarriage of justice cases
* Overturned convictions in the United States
* Wrongful execution

Advocacy|

* Innocence Project
* National Registry of Exonerations
* Investigating Innocence

Contributing factors|

* Correlates of crime
* Race and crime
* Race in the United States criminal justice system
* Sex differences in crime
* Judicial misconduct
* Innocent prisoner's dilemma
* Obstructionism
* Offender profiling
* Racial profiling
* Perverting the course of justice
* Blue wall of silence
* Loophole
* Ineffective assistance of counsel
* Prosecutor's fallacy

Norms and remedies|

* Legal ethics
* Exculpatory evidence
* Right to a fair trial
* Actual innocence
* Equal Protection Clause
* Innocence Protection Act

Related concepts|

* Capital punishment in the United States
* Batson v. Kentucky
* List of death row inmates in the United States

Law portal

Authority control databases: National |

* Japan

|

*[v]: View this template
*[t]: Discuss this template
*[e]: Edit this template