Trial by media

Trial by media

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 regardless of any 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 being hounded at every turn.

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.


Although a recently coined phrase, the idea that popular media 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.

20th century

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.

Another interesting case in the US was the Rodney King incident and subsequent trial of the police officers involved. Once again an acquittal is 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.

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". One case popularized by the media between 1980 and 1982 was the murder trial of Lindy Chamberlain in Australia who 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 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.

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 in India

In India, trial by media has assumed significant proportions. It has had both positive and negative results. However many would think that the overall impact is for the betterment of the society. 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 flak 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. The CBI later declared that Rajesh was not the killer.

Between September 2004 and March 2005, the media - print, audio and visual all wrote about His Holiness Sri Jayendra Saraswathi Swamigal, a Hindu religious leader, suggesting his guilt in a murder case, but the High Courts of Madras and Andhra Pradesh and the Supreme Court of India repeatedly found that there was no material evidence to find him guilty and came down heavily on the media and the Government of Tamilnadu for misuse of government machinery.

ee also

* Nancy Grace

External links

* for the complete text of the judgement by the Andhra Pradesh High Court, condemning "trial by media".

Wikimedia Foundation. 2010.

Look at other dictionaries:

  • Media circus — News media satellite up link trucks and photojournalists gathered outside the Prudential Financial headquarters in Newark, New Jersey in August, 2004 following the announcement of evidence of a terrorist threat to it and to buildings in New York… …   Wikipedia

  • trial — /ˈtraɪəl / (say truyuhl), /traɪl / (say truyl) noun 1. Law a. the examination before a judicial tribunal of the facts put in issue in a cause (often including issues of law as well as of fact). b. the determination of a person s guilt or… …   Australian English dictionary

  • Media influence — or media effects are used in media studies, psychology, communication theory and sociology to refer to the theories about the ways in which mass media affect how their audiences think and behave. Connecting the world to individuals and… …   Wikipedia

  • Media in The Simpsons — Media is a recurring theme of satire on The Simpsons. The show is known for its satire of American popular culture and especially television culture, but has since its inception covered all types of media such as animation, journalism,… …   Wikipedia

  • Trial Kennedy — Background information Origin Melbourne, Victoria, Australia Genres Alternativ …   Wikipedia

  • Media of Niger — Media in Niger is a diverse collection of public and private entities, both print and broadcast, centered in the capitol of Niamey, but with vibrant regional centers. The media has historically been state funded, and focused on radio broadcast… …   Wikipedia

  • Media 100 — HD Suite Entwickler Media 100 Aktuelle Version 2.1 (Oktober 2011) Betriebssystem Mac OS X Kategorie Videoschnitt …   Deutsch Wikipedia

  • Media Composer Adrenaline — Media Composer Avid Media Composer Développeur Avid Dernière version …   Wikipédia en Français

  • Media Home Entertainment — Inc. (also known as Meda Home Entertainment early on until 1981) was a home video company headquartered in Culver City, California, originally established in 1978 by filmmaker Charles Band. The company got off to a rocky start when ABKCO Records… …   Wikipedia

  • Media and Publishing — ▪ 2007 Introduction The Frankfurt Book Fair enjoyed a record number of exhibitors, and the distribution of free newspapers surged. TV broadcasters experimented with ways of engaging their audience via the Internet; mobile TV grew; magazine… …   Universalium