Trying cases in the court of public opinion refers to using the

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 ...

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 Criminal investigation is an applied science that involves the study of facts that are then used to inform criminal trials. A complete criminal investigation can include searching, interviews, interrogations, evidence collection and preservat ...

, the news media, and the

U.S. Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washin ...

. It has been noted that there is no Fifth Amendment

right against self-incrimination The right to silence is a legal principle which guarantees any individual the right to refuse to answer questions from law enforcement officers or court officials. It is a legal right recognized, explicitly or by convention, in many of the worl ...

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 (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

, by charging one of its military or civilian officials with war crimes. The court of public opinion has been described as the most important informal court.

Instances

It could be argued that the prosecutor in the

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 ...

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 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 considere ...

References

{{Reflist, 2 Criminal procedure Influence of mass media Public opinion

Instances

See also

References