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

media Media may refer to: Communication * Means of communication, tools and channels used to deliver information or data ** Advertising media, various media, content, buying and placement for advertising ** Interactive media, media that is inter ...

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 The Bermuda Triangle, also known as the Devil's Triangle, is a loosely defined region in the North Atlantic Ocean, roughly bounded by Florida, Bermuda, and Puerto Rico. Since the mid-20th century, it has been the focus of an urban legend sug ...

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 Search and seizure, searching, interviews, interrogations, Evidence (law), ...

, the news media, and the

U.S. Congress The United States Congress is the legislative branch of the federal government of the United States. It is a bicameral legislature, including a lower body, the U.S. House of Representatives, and an upper body, the U.S. Senate. They both ...

. 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 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 Rule of law, rules, norms, Customary law, legal customs and standards that State (polity), states and other actors feel an obligation to, and generall ...

, by charging one of its military or civilian officials with

war crime A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostage ...

s. The court of public opinion has been described as the most important informal court.

Instances

It could be argued that the

prosecutor A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...

in the Duke lacrosse case 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 (also known as a media release) is an official statement delivered to members of the news media for the purpose of providing new information, creating an official statement, or making an announcement directed for public releas ...

References

{{Reflist Criminal procedure Influence of mass media Public opinion

Instances

See also

References