Court of public opinion

Trying cases in the court of public opinion refers to using the 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.^[1]^[2] 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.^[3] It has been noted that there is no Fifth Amendment right against self-incrimination in the court of public opinion.^[4]

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.^[5] 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, by charging one of its military or civilian officials with war crimes.^[6] The court of public opinion has been described as the most important informal court.^[7]

^ JM Moses (1995), "Legal Spin Control: Ethics and Advocacy in the Court of Public Opinion", Columbia Law Review, 95 (7): 1811–1856, doi:10.2307/1123196, JSTOR 1123196
^ Haggerty, James (2003), In the court of public opinion : winning your case with public relations
^ Bennett, Robert S. (1996–1997), Press Advocacy and the High-Profile Client, vol. 30, Loy. L. A. L. Rev., p. 13
^ J Marquis (2005), The Myth of Innocence, Journal of Criminal Law and Criminology
^ Cite error: The named reference Duke was invoked but never defined (see the help page).
^ Leigh, Monroe (2001), United States and the Statute of Rome, The, vol. 95, Am. J. Int'l L., p. 124
^ JM Bryson; BC Crosby (1993), Policy planning and the design and use of forums, arenas, and courts (PDF)^{[permanent dead link]}

[1] JM Moses (1995), "Legal Spin Control: Ethics and Advocacy in the Court of Public Opinion", Columbia Law Review, 95 (7): 1811–1856, doi:10.2307/1123196, JSTOR 1123196

[2] Haggerty, James (2003), In the court of public opinion : winning your case with public relations

[3] Bennett, Robert S. (1996–1997), Press Advocacy and the High-Profile Client, vol. 30, Loy. L. A. L. Rev., p. 13

[4] J Marquis (2005), The Myth of Innocence, Journal of Criminal Law and Criminology

[Duke-5] Cite error: The named reference Duke was invoked but never defined (see the help page).

[6] Leigh, Monroe (2001), United States and the Statute of Rome, The, vol. 95, Am. J. Int'l L., p. 124

[7] JM Bryson; BC Crosby (1993), Policy planning and the design and use of forums, arenas, and courts (PDF)^{[permanent dead link]}

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