Court of public opinion
Encyclopedia
Trying cases in the court of public opinion refers to using the news 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 he wins the case. A lawyer noted that when he represents high-profile clients, he sometimes finds them in a Bermuda triangle
of cross-currents generated by a criminal investigation, the news media, and the U.S. Congress. It has been noted that there is no Fifth Amendment right against self-incrimination in the court of public opinion.
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. 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 crime
s. The court of public opinion has been described as the most important informal court. It has been said that the proliferation of litigation public relations and the failure of the bar and bench to forbid it have made criticism of it virtually moot, and that lawyers have a duty to tend to their clients' interests in the court of public opinion as zealously as they do in courts of law.
in the Duke lacrosse case attempted to try the case in the court of public opinion by making unsupported allegations to the media. In the Kobe Bryant sexual assault case
, it was alleged that parties were using court pleadings as press releases.
News media
The news media are those elements of the mass media that focus on delivering news to the general public or a target public.These include print media , broadcast news , and more recently the Internet .-Etymology:A medium is a carrier of something...
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 he wins the case. A lawyer noted that when he represents high-profile clients, he sometimes finds them in a Bermuda triangle
Bermuda Triangle
The Bermuda Triangle, also known as the Devil's Triangle, is a region in the western part of the North Atlantic Ocean where a number of aircraft and surface vessels allegedly disappeared under mysterious circumstances....
of cross-currents generated by a criminal investigation, the news media, and the U.S. Congress. It has been noted that there is no Fifth Amendment right against self-incrimination in the court of public opinion.
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. 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
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, by charging one of its military or civilian officials with war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s. The court of public opinion has been described as the most important informal court. It has been said that the proliferation of litigation public relations and the failure of the bar and bench to forbid it have made criticism of it virtually moot, and that lawyers have a duty to tend to their clients' interests in the court of public opinion as zealously as they do in courts of law.
Instances
It has been said that the prosecutorProsecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
in the Duke lacrosse case attempted to try the case in the court of public opinion by making unsupported allegations to the media. In the Kobe Bryant sexual assault case
Kobe Bryant sexual assault case
The Kobe Bryant sexual assault case began in the summer of 2003 when the news media reported that the sheriff's office in Eagle, Colorado had arrested NBA superstar Kobe Bryant in connection with an investigation of a sexual assault complaint filed by a 19-year-old hotel employee...
, it was alleged that parties were using court pleadings as press releases.