Trial by media
Encyclopedia
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.
In the United Kingdom
there is a heated debate between those who support a free press
which is largely uncensored and those who place a higher priority on an individual's right to privacy and right to a fair trial.
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.
The counter-argument is that the mob mentality exists independently of the media which merely voices the opinions which the public already has.
There are different reasons why the media attention is particularly intense surrounding a legal case: the first is that the crime itself is in some way sensational, by being horrific or involving children; the second is that it involves a celebrity either as victim or accused.
can have a strong influence on the legal process goes back certainly to the advent of the printing press and probably much further. 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.
Parallels can be drawn between these cases and the trial of O.J. Simpson. The connection is less about guilt or innocence but about the promotion of the media coverage in the public mind above the status of the court.
the officers' acquittal was challenged by the media reporting with violent consequences
. What makes this case particularly important historically is the fact that it was amateur video footage which provided the key evidence of perceived guilt. As video cameras and their digital successors and CCTV
become more wide spread, this type of 'caught on camera' incident become more and more common. This can pose real problems for the legal system as the evidence they provide may be inadmissible for technical reasons (e.g. not being able to pinpoint exact times) but they give very strong images for the media (and public
) to seize upon and the potential to manipulate by editing.
had a well publicised murder trial and was convicted of killing her baby, but later released in 1986 on new evidence showing that a dingo
had in fact committed the act as was originally claimed by Chamberlain.
The case has been considered a clear cut case of 'trial by media'.
The media reported forensic evidence later found to be faulty. However they failed to report relevant evidence from witnesses eg. hearing Azaria cry when on the prosecution theory she would need to be already dead.
There was also a failure to publicise that for the prosecution theory of guilt to succeed Chamberlain was required to "within the space of 10 minutes: returned to the tent, persuading her son not to follow her, put on a pair of track suit pants, taken Azaria to the car, found a weapon and killed the child, allowed sufficient time for the child to die (not less than 2-3 minutes) hidden the body, cleaned up some of the blood, removed her tracksuit pants, obtained the baked beans for Aidan, returned to the tent, entered the tent and done whatever she did in order to leave blood splashes there, collected Aidan and returned to the barbeque".
The motion picture A Cry in the Dark
depicted Chamberlain, as played by actress Meryl Streep
, caught in a "trial by media" which fed the public's, and subsequently the jury's false conviction of her.
, his peers advised that he enjoyed assisting the aboriginal community and was well known for his work with aboriginal children., aboriginal activist Murrandoo Yanner advised that Hurley wasn't a racist and the Indigenous communities that he had worked in loved him, and he made contributions to the Federal Parliamentary Standing Committee on Aboriginal and Torres Strait Islander Affairs approximately a year before the incident complaining about failure to implement an aboriginal death in custody inquiry recommendation. The media downplayed the possibility that the death was caused by the fall even though all medical experts at the inquest allowed for the possibility
and emphasised allegations of punching as a possible cause of death even though the Supreme Court of Appeal later noted that the medical evidence unequivocally rejected the alleged punching as a cause of death.
Hurley was investigated for causing the death. The Director of Public Prosecutions and the Criminal Misconduct Commission both investigated and found that there was insufficient evidence to prosecute. The Director of Public Prosecutions stated publicly that the death was a tragic accident. Shortly after these decisions, an Australian national newspaper compared the situation to the death of African aboriginal Steve Biko in Pretoria prison, South Africa in 1977. Police claimed Biko died of a hunger strike in spite of massive head injuries suggesting otherwise. The journalist who authored the story Tony Koch, won the Graham Perkin
Australian Journalist of the Year award for relevant reports in The Australian newspaper and in particular the resulting effective contribution he made to the public outcry. In providing the award the judges commended his reporting as "courageous, relentless and effective". Apparently the media response was effective in catalysing a prosecution. The Beattie State Government used a unique prosecution method to launch a trial. A former head of the Director of Public Prosecutions commented that it put Beattie "under a cloud".
Likewise the state Police Union later released advertisements against the Beattie
Queensland government
, comparing the government to Robert Mugabe
and his government.
More specifically the ad stated: "Zimbabwe is a good example of what could happen where politicians override the laws to suit themselves." This referred to the claim by the Union that governmental initiation of a review of the DPP decision amounted to political interference in the justice system.
Although Hurley was found not guilty in the resulting trial the media portrayed the trial as a miscarriage of justice.
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.
Another example was the investigation into biologist Steven Hatfill
allegedly sending anthrax
through the U.S. mail as a terrorist attack, which resulted in no conviction, but Hatfill went on to sue as his reputation was severely tarnished and career destroyed.
Families and friends of persons convicted of crimes have apparently successfully used the power of the media to reopen cases, such as the Stephen Downing
case in Derbyshire
where a campaign by a local newspaper editor resulted in a successful appeal and his release after twenty seven years in prison.
, trial by media has assumed significant proportions. Some famous criminal cases that would have gone unpunished but for the intervention of media are Priyadarshini Mattoo
case, Jessica Lal
case, Nitish Katara
murder case and Bijal Joshi rape case.
The media however drew criticism in the reporting of murder of Aarushi Talwar
, when it preempted the court and reported that her own father Dr. Rajesh Talwar, and possibly her mother Nupur Talwar were involved in her murder, thus reviving memories of JonBenet Ramsey
murder, which was hauntingly similar.
Television
Television is a telecommunication medium for transmitting and receiving moving images that can be monochrome or colored, with accompanying sound...
and newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
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.
In the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
there is a heated debate between those who support a free press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
which is largely uncensored and those who place a higher priority on an individual's right to privacy and right to a fair trial.
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.
The counter-argument is that the mob mentality exists independently of the media which merely voices the opinions which the public already has.
There are different reasons why the media attention is particularly intense surrounding a legal case: the first is that the crime itself is in some way sensational, by being horrific or involving children; the second is that it involves a celebrity either as victim or accused.
History
Although a recently coined phrase, the idea that popular mediaMass media
Mass media refers collectively to all media technologies which are intended to reach a large audience via mass communication. Broadcast media transmit their information electronically and comprise of television, film and radio, movies, CDs, DVDs and some other gadgets like cameras or video consoles...
can have a strong influence on the legal process goes back certainly to the advent of the printing press and probably much further. 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.
Roscoe Arbuckle
One of the first celebrities in the 20th century to be arguably tried by media was Roscoe 'Fatty' Arbuckle who was acquitted by the courts but nevertheless lost his career and reputation due to the media coverage.Parallels can be drawn between these cases and the trial of O.J. Simpson. The connection is less about guilt or innocence but about the promotion of the media coverage in the public mind above the status of the court.
Rodney King
In the United States trial of the police officers involved in the arrest of Rodney KingRodney King
Rodney Glen King is an American best known for his involvement in a police brutality case involving the Los Angeles Police Department on March 3, 1991...
the officers' acquittal was challenged by the media reporting with violent consequences
1992 Los Angeles riots
The 1992 Los Angeles Riots or South Central Riots, also known as the 1992 Los Angeles Civil Unrest were sparked on April 29, 1992, when a jury acquitted three white and one hispanic Los Angeles Police Department officers accused in the videotaped beating of black motorist Rodney King following a...
. What makes this case particularly important historically is the fact that it was amateur video footage which provided the key evidence of perceived guilt. As video cameras and their digital successors and CCTV
Closed-circuit television
Closed-circuit television is the use of video cameras to transmit a signal to a specific place, on a limited set of monitors....
become more wide spread, this type of 'caught on camera' incident become more and more common. This can pose real problems for the legal system as the evidence they provide may be inadmissible for technical reasons (e.g. not being able to pinpoint exact times) but they give very strong images for the media (and public
Public
In public relations and communication science, publics are groups of individuals, and the public is the totality of such groupings. This is a different concept to the sociological concept of the Öffentlichkeit or public sphere. The concept of a public has also been defined in political science,...
) to seize upon and the potential to manipulate by editing.
Lindy Chamberlain
Between 1980 and 1982 an Australian Lindy ChamberlainLindy Chamberlain
Alice Lynne Chamberlain-Creighton was at the centre of one of Australia's most publicised murder trials, in which she was convicted of killing her baby daughter, Azaria. The conviction was later overturned.-Early life:...
had a well publicised murder trial and was convicted of killing her baby, but later released in 1986 on new evidence showing that a dingo
Dingo
The Australian Dingo or Warrigal is a free-roaming wild dog unique to the continent of Australia, mainly found in the outback. Its original ancestors are thought to have arrived with humans from southeast Asia thousands of years ago, when dogs were still relatively undomesticated and closer to...
had in fact committed the act as was originally claimed by Chamberlain.
The case has been considered a clear cut case of 'trial by media'.
The media reported forensic evidence later found to be faulty. However they failed to report relevant evidence from witnesses eg. hearing Azaria cry when on the prosecution theory she would need to be already dead.
There was also a failure to publicise that for the prosecution theory of guilt to succeed Chamberlain was required to "within the space of 10 minutes: returned to the tent, persuading her son not to follow her, put on a pair of track suit pants, taken Azaria to the car, found a weapon and killed the child, allowed sufficient time for the child to die (not less than 2-3 minutes) hidden the body, cleaned up some of the blood, removed her tracksuit pants, obtained the baked beans for Aidan, returned to the tent, entered the tent and done whatever she did in order to leave blood splashes there, collected Aidan and returned to the barbeque".
The motion picture A Cry in the Dark
A Cry in the Dark
Evil Angels is a 1988 Australian film directed by Fred Schepisi. The screenplay by Schepisi and Robert Caswell is based on John Bryson's 1985 book Evil Angels, the title under which the film was released in Australia...
depicted Chamberlain, as played by actress Meryl Streep
Meryl Streep
Mary Louise "Meryl" Streep is an American actress who has worked in theatre, television and film.Streep made her professional stage debut in 1971's The Playboy of Seville, before her screen debut in the television movie The Deadliest Season in 1977. In that same year, she made her film debut with...
, caught in a "trial by media" which fed the public's, and subsequently the jury's false conviction of her.
Chris Hurley
In 2004 Australian police officer 115 kg Senior Sargeant Chris Hurley was supervising a prisoner at a watchhouse. The prisoner had punched Hurley in the jaw when exiting the police vehicle and struggled to escape leading to missing a step into the watchhouse and both Hurley and the prisoner falling in. The prisoner died in the jail cell that day. An early media article gave unretracted allegations that the deceased's face looked like it was beaten beyond recognition even though this was later contradicted by medical evidence in the coroner's report (the only visible injury to the face was a small cut above an eye). The media construct suggested a racially motivated beating to death. The deceased was an indigenous Australian. However Hurley was working at in an aboriginal community after a series of postings where he voluntarily worked at aboriginal communities., his peers advised that he enjoyed assisting the aboriginal community and was well known for his work with aboriginal children., aboriginal activist Murrandoo Yanner advised that Hurley wasn't a racist and the Indigenous communities that he had worked in loved him, and he made contributions to the Federal Parliamentary Standing Committee on Aboriginal and Torres Strait Islander Affairs approximately a year before the incident complaining about failure to implement an aboriginal death in custody inquiry recommendation. The media downplayed the possibility that the death was caused by the fall even though all medical experts at the inquest allowed for the possibility
and emphasised allegations of punching as a possible cause of death even though the Supreme Court of Appeal later noted that the medical evidence unequivocally rejected the alleged punching as a cause of death.
Hurley was investigated for causing the death. The Director of Public Prosecutions and the Criminal Misconduct Commission both investigated and found that there was insufficient evidence to prosecute. The Director of Public Prosecutions stated publicly that the death was a tragic accident. Shortly after these decisions, an Australian national newspaper compared the situation to the death of African aboriginal Steve Biko in Pretoria prison, South Africa in 1977. Police claimed Biko died of a hunger strike in spite of massive head injuries suggesting otherwise. The journalist who authored the story Tony Koch, won the Graham Perkin
Graham Perkin
Edwin Graham Perkin was an Australian journalist and newspaper editor.Perkin was born at Hopetoun, Victoria, elder son of Herbert Edwin Perkin, baker, and his wife Iris Lily, née Graham, both Victorian born. Graham grew up at Warracknabeal and was educated at the local high school...
Australian Journalist of the Year award for relevant reports in The Australian newspaper and in particular the resulting effective contribution he made to the public outcry. In providing the award the judges commended his reporting as "courageous, relentless and effective". Apparently the media response was effective in catalysing a prosecution. The Beattie State Government used a unique prosecution method to launch a trial. A former head of the Director of Public Prosecutions commented that it put Beattie "under a cloud".
Likewise the state Police Union later released advertisements against the Beattie
Peter Beattie
Peter Douglas Beattie , Australian politician, was the 36th Premier of the Australian state of Queensland for nine years and leader of the Australian Labor Party in that state for eleven and a half years...
Queensland government
Government of Queensland
The Government of Queensland is commonly known as the "Queensland Government".The form of the Government of Queensland is prescribed in its Constitution, which dates from 1859, although it has been amended many times since then...
, comparing the government to Robert Mugabe
Robert Mugabe
Robert Gabriel Mugabe is the President of Zimbabwe. As one of the leaders of the liberation movement against white-minority rule, he was elected into power in 1980...
and his government.
More specifically the ad stated: "Zimbabwe is a good example of what could happen where politicians override the laws to suit themselves." This referred to the claim by the Union that governmental initiation of a review of the DPP decision amounted to political interference in the justice system.
Although Hurley was found not guilty in the resulting trial the media portrayed the trial as a miscarriage of justice.
Casey Anthony
Found not guilty by jury and released July 17. 2011. Media coverage continues. Numerous headlines of similar phraseology to "Casey Anthony Gets Away With Murder" run minutes after not guilty verdict.Myra Hindley and Maxine Carr
Even where a criminal court finds somebody guilty the media can still appear to sit in judgement over their sentence. Examples include Myra Hindley whose proposed release from prison after thirty years was widely condemned by the British press (the argument became moot when she died in 2002); Maxine Carr who, having served her sentence, has been released and is, according to some commentators being "demonised by the press".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
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
's impeachment trial and prosecutor Kenneth Starr
Kenneth Starr
Kenneth Winston "Ken" Starr is an American lawyer and educational administrator who has also been a federal judge. He is best known for his investigation of figures during the Clinton administration....
's investigation and how the media handled the trial by reporting commentary from lawyers which influenced public opinion.
Another example was the investigation into biologist Steven Hatfill
Steven Hatfill
Steven Jay Hatfill is an American physician, virologist and bio-weapons expert who underwent what was considered by many to be a trial by media with great toll on his personal and professional life...
allegedly sending anthrax
2001 anthrax attacks
The 2001 anthrax attacks in the United States, also known as Amerithrax from its Federal Bureau of Investigation case name, occurred over the course of several weeks beginning on Tuesday, September 18, 2001, one week after the September 11 attacks. Letters containing anthrax spores were mailed to...
through the U.S. mail as a terrorist attack, which resulted in no conviction, but Hatfill went on to sue as his reputation was severely tarnished and career destroyed.
Families and friends of persons convicted of crimes have apparently successfully used the power of the media to reopen cases, such as the Stephen Downing
Stephen Downing
The Stephen Downing case involved the conviction and imprisonment in 1974 of a 17-year-old council worker, Stephen Downing, for the murder of a 32 year old legal secretary, Wendy Sewell, in the town of Bakewell in the Peak District. Following a campaign by a local newspaper, his conviction was...
case in Derbyshire
Derbyshire
Derbyshire is a county in the East Midlands of England. A substantial portion of the Peak District National Park lies within Derbyshire. The northern part of Derbyshire overlaps with the Pennines, a famous chain of hills and mountains. The county contains within its boundary of approx...
where a campaign by a local newspaper editor resulted in a successful appeal and his release after twenty seven years in prison.
Trial by Media in India
In IndiaIndia
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
, trial by media has assumed significant proportions. Some famous criminal cases that would have gone unpunished but for the intervention of media are Priyadarshini Mattoo
Priyadarshini Mattoo
Priyadarshini Mattoo was a 25-year-old law student who was found raped and murdered at her house in New Delhi on January 23, 1996. On October 17, 2006, the Delhi High Court found Santosh Kumar Singh guilty on both counts of rape and murder and on October 30 of the same year sentenced him to death...
case, Jessica Lal
Jessica Lal
Jessica Lal was a model in New Delhi, who was working as a celebrity barmaid at a crowded socialite party when she was shot dead on 29 April 1999. Dozens of witnesses pointed to Siddharth Vashisht, a.k.a...
case, Nitish Katara
Nitish Katara
Nitish Katara was a 24-year-old Indian business executive in Delhi, who was murdered in the early hours of February 17, 2002, by Vikas Yadav the son of influential criminal-politician D. P. Yadav...
murder case and Bijal Joshi rape case.
The media however drew criticism in the reporting of murder of Aarushi Talwar
Noida double murder case
On May 16, 2008, Aarushi Talwar, a 14-year-old Class IX student of Delhi Public School in Noida and the daughter of a successful dentist couple, was found dead with her throat slit in her parents' home at Jalvayu Vihar in [Noida, Uttar Pradesh]. Suspicion immediately fell on the f-wing the trail of...
, when it preempted the court and reported that her own father Dr. Rajesh Talwar, and possibly her mother Nupur Talwar were involved in her murder, thus reviving memories of JonBenet Ramsey
JonBenét Ramsey
JonBenét Patricia Ramsey was an American child beauty pageant contestant who was murdered in her home in Boulder, Colorado, in 1996. The six-year-old's body was found in the basement of the family home nearly eight hours after she was reported missing. She had been struck on the head and strangled...
murder, which was hauntingly similar.
External links
- Condemnation of trial by media. Complete text of the judgement by the Andhra Pradesh High Court, India.