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Court Of Public Opinion
Trying cases in the court of public opinion refers to using the Media (communication), 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. 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. It has been noted that there is no Fifth Amendment to the U.S. Constitution, 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. rati ...
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Media (communication)
Means of communication or media are used by people to communicate and exchange information with each other as an information sender and a receiver. General information Many different materials are used in communication. Maps, for example, save tedious explanations on how to get to a destination. A means of communication is therefore a means to an end to make communication between people easier, more understandable and, above all, clearer. In everyday language, the term ''means of communication'' is often equated with the ''medium''. However, the term "medium" is used in media studies to refer to a large number of concepts, some of which do not correspond to everyday usage. Means of communication are used for communication between sender and recipient and thus for the transmission of information. Elements of communication include a communication-triggering event, sender and recipient, a ''means of communication'', a ''path of communication'' and ''contents of communication'' ...
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Duke Lacrosse Case
The Duke lacrosse rape hoax was a widely reported 2006 criminal case hoax 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 Finnerty, and Reade Seligmann. The accuser, Crystal Mangum, a student at North Carolina Central University and part-time striptease dancer, alleged that the rape occurred at the Durham residence of two of the team's captains, where she had worked on March 13, 2006. Investigation and resolution of the case sparked public discussion of racism, sexual violence, media bias, and due process on campuses. The former lead prosecutor, Durham County District Attorney Mike Nifong, ultimately resigned in disgrace, and was disbarred and briefly imprisoned for violating ethics standards. In December 2024, Mangum admitted to fabricating the assault and falsely testifying. On April 11, 2007, North Carolina Attorney General Roy Cooper dr ...
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Criminal Procedure
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure. Basic rights Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that they are innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human ...
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Trial By Media
Trial by media is a phrase popular in the late 20th century and early 21st century to describe the impact of television and newspaper coverage on a person's reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law. It is particularly relevant in cases where high-profile individuals stand trial, with the concern that the impartiality of the jury may be compromised by extraneous information, disrupting due process and resulting in an unfair trial. Etymology and early use The concept was popularized for the first time as ''Trial by Television'' in response to the 3 February 1967 television broadcast of ''The Frost Programme'', hosted by David Frost. The confrontation and Frost's personal adversarial line of questioning of insurance fraudster Emil Savundra led to concern from ITV executives that it might affect Savundra's right to a fair trial. Description During high-publicity court cases, the media are often accused of ...
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Presumption Of Guilt
A presumption of guilt is any presumption within the criminal justice system that a person is guilty of a crime, for example a presumption that a suspect is guilty unless or until proven to be innocent. Such a presumption may legitimately arise from a rule of law or a procedural rule of the court or other adjudicating body which determines how the facts in the case are to be proved, and may be either rebuttable or irrebuttable. An irrebuttable presumption of fact may not be challenged by the defense, and the presumed fact is taken as having been proved. A rebuttable presumption shifts the burden of proof onto the defense, who must collect and present evidence to prove the suspect's innocence, in order to obtain acquittal. Rebuttable presumptions of fact, arising during the course of a trial as a result of specific factual situations (for example that the accused has taken flight), are common; an opening presumption of guilt based on the mere fact that the suspect has been cha ...
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Courtroom Photography And Broadcasting
Courtroom photographing, videotaping and broadcasting is restricted in many jurisdictions. The law varies from limited film and electronic media coverage in some countries, to a complete ban in others. By country United States In the US, photography and broadcasting is permitted in some courtrooms but not in others. Some argue that use of media during courtroom proceedings presents a mockery of the judicial system, though the issue has been contested at length. There are concerns that the presentation and consideration of evidence may be affected by the presence of cameras influencing the behavior of court participants. Many famous trials, such as the O.J. Simpson murder trial, were televised. In the wake of the O.J. trial, however, many judges decided to ban cameras from their courtrooms. Immediately after that trial, California Governor Pete Wilson announced his opposition to televised trials, and he later asked the Judicial Council of California, Judicial Council to conside ...
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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 release. Press releases are also considered a primary source, meaning they are original informants for information. A press release is traditionally composed of nine structural elements, including a headline, dateline, introduction, body, and other components. Press releases are typically delivered to news media electronically, ready to use, and sometimes subject to "do not use before" time, known as a news embargo. A special example of a press release is a communiqué (; ), which is a brief report or statement released by a public agency. A communiqué is typically issued after a high-level meeting of international leaders. Using press releases can benefit media corporations because they can contribute to reducing costs and improve the amoun ...
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Court Pleading
In law as practiced in countries that follow the English models, a pleading is a formal written statement of one party's claims or defenses in response to another party's complaint(s) in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action. The Civil Procedure Rules (CPR) govern Pleading (England and Wales), pleading in England and Wales. Federal Rules of Civil Procedure govern Pleading (United States), pleading in United States federal courts. Each state in the United States has its own statutes and rules that govern pleading in the courts of that state. Examples Under the Federal Rules of Civil Procedure a ''complaint'' is the first pleading in American law filed by a plaintiff which initiates a lawsuit. A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause). In some situatio ...
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Kobe Bryant Sexual Assault Case
In July 2003, allegations of sexual assault were made against professional basketball player Kobe Bryant by a 19-year-old woman, resulting in criminal charges for felony sexual assault. In August 2004, a civil suit was filed against Bryant for the same incident, and in September the criminal case was dropped and charges were dismissed when the complainant decided not to testify. The civil case was later settled out of court. On July 18, 2003, news media reported that the sheriff's office in Eagle, Colorado, had arrested Bryant in connection with an investigation of a sexual assault complaint, filed by a 19-year-old hotel employee. The woman accused Bryant of raping her in his hotel room on the night of June 30. Bryant had checked into The Lodge and Spa at Cordillera, a hotel in Edwards, Colorado, that night in advance of having surgery near there. The woman filed a police report July 1, and authorities questioned Bryant July 2, including about bruising on the woman's neck. ...
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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 legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ...
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Robert S
The name Robert is an ancient Germanic given name, from Proto-Germanic "fame" and "bright" (''Hrōþiberhtaz''). Compare Old Dutch ''Robrecht'' and Old High German ''Hrodebert'' (a compound of '' Hruod'' () "fame, glory, honour, praise, renown, godlike" and ''berht'' "bright, light, shining"). It is the second most frequently used given name of ancient Germanic origin.Reaney & Wilson, 1997. ''Dictionary of English Surnames''. Oxford University Press. It is also in use as a surname. Another commonly used form of the name is Rupert. After becoming widely used in Continental Europe, the name entered England in its Old French form ''Robert'', where an Old English cognate form (''Hrēodbēorht'', ''Hrodberht'', ''Hrēodbēorð'', ''Hrœdbœrð'', ''Hrœdberð'', ''Hrōðberχtŕ'') had existed before the Norman Conquest. The feminine version is Roberta. The Italian, Portuguese, and Spanish form is Roberto. Robert is also a common name in many Germanic languages, including En ...
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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 hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings (including genocide or ethnic cleansing), the granting of no quarter despite surrender, the conscription of children in the military, and flouting the legal Indiscriminate attack, distinctions of Proportionality (law), proportionality and military necessity. The formal concept of war crimes emerged from the codification of the customary international law that applied to warfare between sovereign states, such as the Lieber Code (1863) of the Union Army in the American Civil War and the Hague Conventions of 1899 and 1907 for int ...
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