Court Of Public Opinion
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Court Of Public Opinion
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 they win the case. 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. 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 Co ...
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News Media
The news media or news industry are forms of mass media that focus on delivering news to the general public or a target public. These include news agencies, print media (newspapers, news magazines), broadcast news (radio and television), and the internet (online newspapers, online news magazines, news websites etc.). History Some of the first news circulations occurred in Renaissance Europe. These handwritten newsletters contained news about wars, economic conditions, and social customs and were circulated among merchants. The first printed news appeared by the late 1400s in German pamphlets that contained content that was often highly sensationalized. The first newspaper written in English was ''The Weekly Newes,'' published in London in 1621. Several papers followed in the 1640s and 1650s. In 1690, the first American newspaper was published by Richard Pierce and Benjamin Harris in Boston. However, it did not have permission from the government to be published and was immedia ...
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Duke Lacrosse Case
The Duke lacrosse case was a widely reported 2006 criminal case in Durham, North Carolina, United States in which three members of the Duke University men's lacrosse team were falsely accused of rape. The three students were David Evans, Collin Finnerty, and Reade Seligmann. The accuser was Crystal Mangum, a student at North Carolina Central University who worked as a stripper and dancer. The rape was alleged to have occurred at a party hosted by the lacrosse team, held at the Durham residence of two of the team's captains on March 13, 2006. The case's resolution sparked public discussion of racism, sexual violence, media bias, and due process on campuses, and ultimately led to the resignation, disbarment, and brief imprisonment of the lead prosecutor, Durham County District Attorney Mike Nifong. On April 11, 2007, North Carolina Attorney General Roy Cooper dropped all charges, declaring the three lacrosse players "innocent" and victims of a "tragic rush to accuse". Nifong, who ...
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Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human R ...
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Presumption Of Guilt
A presumption of guilt is any presumption within the criminal justice system that a person is guilty of a crime, for example a presumption that a suspect is guilty unless or until proven to be innocent. Such a presumption may legitimately arise from a rule of law or a procedural rule of the court or other adjudicating body which determines how the facts in the case are to be proved, and may be either rebuttable or irrebuttable. An irrebuttable presumption of fact may not be challenged by the defense, and the presumed fact is taken as having been proved. A rebuttable presumption shifts the burden of proof onto the defense, who must collect and present evidence to prove the suspect's innocence, in order to obtain acquittal. Rebuttable presumptions of fact, arising during the course of a trial as a result of specific factual situations (for example that the accused has taken flight), are common; but an opening presumption of guilt based on the mere fact that the suspect has been ...
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Courtroom Photography And Broadcasting
Courtroom photographing, videotaping and broadcasting is restricted in many jurisdictions. The law varies from limited film and electronic media coverage in some countries, to a complete ban in others. United States In the US, photography and broadcasting is permitted in some courtrooms but not in others. Some argue that use of media during courtroom proceedings presents a mockery of the judicial system, though the issue has been contested at length. The presence of cameras can create fallacious information that can damage the reputation for the courts and the trust from the public and/or viewers observing the televised proceedings. Many famous trials, such as the O.J. Simpson murder trial, were televised. In the wake of the O.J. trial, however, many judges decided to ban cameras from their courtrooms. Immediately after that trial, California Governor Pete Wilson announced his opposition to televised trials, and he later asked the Judicial Council to consider reinstituting the b ...
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Press Release
A press release is an official statement delivered to members of the news media for the purpose of providing information, creating an official statement, or making an announcement directed for public release. Press releases are also considered a primary source, meaning they are original informants for information. A press release is traditionally composed of nine structural elements, including a headline, dateline, introduction, body, and other components. Press releases are typically delivered to news media electronically, ready to use, and often subject to "do not use before" time, known as a news embargo. A special example of a press release is a communiqué (), which is a brief report or statement released by a public agency. A communiqué is typically issued after a high-level meeting of international leaders. Using press release material can benefit media corporations because they help decrease costs and improve the amount of material a media firm can output in a cer ...
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Court Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action. The Civil Procedure Rules (CPR) govern pleading in England and Wales. Federal Rules of Civil Procedure govern pleading in United States federal courts. Each state in the United States has its own statutes and rules that govern pleading in the courts of that state. Examples Pleading in early American law was done through common law writs (for example ''demurrer''). Under the Federal Rules of Civil Procedure a ''complaint'' is the first pleading in American law filed by a plaintiff which initiates a lawsuit. A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause). ...
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Kobe Bryant Sexual Assault Case
The Kobe Bryant sexual assault case began on July 18, 2003, when the news media reported that the sheriff's office in Eagle, Colorado, had arrested professional basketball player Kobe Bryant in connection with an investigation of a sexual assault complaint filed by a 19-year-old hotel employee.Johnston, Lauren (February 2, 2004)"Bryant statements to police at heart of hearing" CNN. Bryant had checked into The Lodge and Spa at Cordillera, a hotel in Edwards, Colorado, on June 30 in advance of having surgery near there on July 2 under Richard Steadman. The woman accused Bryant of raping her in his hotel room on July 1. She filed a police report and authorities questioned Bryant about bruising on the accuser's neck. Bryant admitted to a sexual encounter with his accuser but insisted the sex was consensual. The case was dropped after Bryant's accuser refused to testify in the case. A separate civil suit was later filed against Bryant by the woman. This was settled out of court a ...
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Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ...
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Robert S
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' ( non, Hróðr) "fame, glory, honour, praise, renown" and ''berht'' "bright, light, shining"). It is the second most frequently used given name of ancient Germanic origin. It is also in use as a surname. Another commonly used form of the name is Rupert. After becoming widely used in Continental Europe it entered England in its Old French form ''Robert'', where an Old English cognate form (''Hrēodbēorht'', ''Hrodberht'', ''Hrēodbēorð'', ''Hrœdbœrð'', ''Hrœdberð'', ''Hrōðberχtŕ'') had existed before the Norman Conquest. The feminine version is Roberta. The Italian, Portuguese, and Spanish form is Roberto. Robert is also a common name in many Germanic languages, including English, German, Dutch, Norwegian, Swedish, Scots, Danish, and Icelandic. It can be use ...
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