Trial by MediaClare McNamara

Name used to describe the media’s influence on a person’s reputation by creating widespread perception of guilt (or innocence) with little or no regard for the verdict or outcome of a case in a court of Law.

What is trial by media?

Accused of slitting the throat of her child (Azaria) in 1980

Sentenced to life with hard labour

Claim that a ‘dingo took my baby’ was dismissed.

Baby’s jacket found in dingo’s lair, Chamberlain found innocent and set free.

Lindy Chamberlain

The media portrayed Lindy Chamberlain as a fundamentalist Christian, a witch and a brutal murderer all based on her reactions to the case as being apparently non-stereotypical for a grieving mother.

In the first hearing she was found innocent, but due to evidence and public pressure a re-trial occurred

Justice?

Schapelle Corby Case

Also a case whereby the media has judged and scrutinised an individual. Corby’s case however took place in Indonesia.

Convicted paedophile Sentenced to 14 years

imprisoned Released and then

reconvicted in 2005 – though under a closed court.

Huge public/media pressure caused relocation and the introduction of new legislation into NSW Parliament

Dennis Ferguson Case

2005 conviction heard in a Bench trial so as to ensure justice.

Human rights to accommodation and free will after serving time in gaol were violated and he was victimised by the media, residents of the area and eventually the NSW government.

The Housing Amendment (Registrable Persons) Act 2009 – showed the extent of the media’s ability to interfere in the course of justice for the individual, but also justice for society as a whole.

Justice to Ferguson

Important to remember that not only is Justice for the individual a part of the Criminal Legal System, but Justice for society as a whole.

In the Ferguson case, the NSW Government gave in to pressure and enacted new legislation in order to satisfy public need for safety and justice.

Justice to Society

Media complicates matters

Trials extended New legislation

introduced Great deal of time

and money directed in order to rectify situations.

Efficiency of the Legal System

Jury Act 1977 (NSW) Legal protocols

regarding ‘open justice’

Restrictions against the media concerning sensitive information.

Effectiveness of the Legal System