Court of public opinion
Trying cases in the court of public opinion refers to using the media to influence public support for one side or the other in a court case. This can result in persons outside the justice system (i.e. people other than the judge or jury) taking action for or against a party. For instance, the reputation of a party may be greatly damaged even if they win the case.[1][2] Lawyer Robert S. Bennett noted that when he represents high-profile clients, he sometimes finds them in a (figurative) Bermuda triangle of cross-currents generated by a criminal investigation, the news media, and the U.S. Congress.[3] It has been noted that there is no Fifth Amendment right against self-incrimination in the court of public opinion.[4]
It is said that high-profile cases have important implications for balancing the right of the public to scrutinize the judicial process and the right of the participants to a fair trial.[5] An argument against U.S. ratification of the Statute of the International Criminal Court was that a politically motivated prosecutor might attempt to convict the United States in the court of public opinion of a violation of international law, by charging one of its military or civilian officials with war crimes.[citation needed] The court of public opinion has been described as the most important informal court.[6]
Instances
[edit]It could be argued that the prosecutor in the Duke lacrosse case attempted to try the case in the court of public opinion by making unsupported allegations to the media.[5] In the Kobe Bryant sexual assault case, it was alleged that parties were using court pleadings as press releases.[7]
See also
[edit]References
[edit]- ^ JM Moses (1995), "Legal Spin Control: Ethics and Advocacy in the Court of Public Opinion", Columbia Law Review, 95 (7): 1811–1856, doi:10.2307/1123196, JSTOR 1123196
- ^ Haggerty, James (2003), In the court of public opinion : winning your case with public relations
- ^ Bennett, Robert S. (1996–1997), Press Advocacy and the High-Profile Client, vol. 30, Loy. L. A. L. Rev., p. 13
- ^ J Marquis (2005), The Myth of Innocence, Journal of Criminal Law and Criminology
- ^ a b The Court of Public Opinion, Duke University School Of Law, September 28–29, 2007
- ^ JM Bryson; BC Crosby (1993), "Policy planning and the design and use of forums, arenas, and courts" (PDF), Environment and Planning B: Urban Analytics and City Science, 20 (2): 175, Bibcode:1993EnPlB..20..175B, doi:10.1068/b200175[permanent dead link]
- ^ SA Terilli; SL Splichal; PJ Driscol (2007), Lowering the Bar: Privileged Court Filings as Substitutes for Press Releases in the Court of Public Opinion (PDF), Communication Law