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Trial by Media

Trial by Media. Clare McNamara. What is trial by media?. 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. Lindy Chamberlain.

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Trial by Media

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  1. Trial by Media Clare McNamara

  2. What is trial by media? 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.

  3. Lindy Chamberlain • 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.

  4. Justice? • 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

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

  6. Dennis Ferguson Case • 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

  7. Justice to Ferguson • 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.

  8. Justice to Society • 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.

  9. Efficiency of the Legal System • Media complicates matters • Trials extended • New legislation introduced • Great deal of time and money directed in order to rectify situations.

  10. Effectiveness of the Legal System • Jury Act 1977 (NSW) • Legal protocols regarding ‘open justice’ • Restrictions against the media concerning sensitive information.

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