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Trial By Media Essay

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A crime is an act punishable by the state that causes harm or discontent against a community or individual. Crime is known to be “an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law”1. Crime can be classified through a variety of elements which violate the rights of a community at large. Acts of crime are punishable upon proof of guilt that are presented in the court of law. Consequently, criminal law is the law which defines these crimes and may aid or establish their subsequent punishments. These criminal laws are enforced through criminal procedures and trials. These trials however, can be influenced, corrected, and sometimes even regulated by the media. This creates a strong issue of injustice and unfair trial within society, and may prove to be detrimental to the foundations of just law and punishment.

The term “trial by media” is used when individuals and others involved in court proceedings or cases believe that media coverage and opinion has infringed their rights to a fair trial. This often includes the idea that the information published throughout the media, can influence the juries decision and override a just and fair decision process, therefore not allowing the individual to have the right to pleading innocent until proven guilty. There have been many incidents and cases that have resulted in the media publishing incorrect judgements, or creating their own finality or illegitimate opinion on a case, therefore publishing headlines that incline bias. This tends to infringe the judiciary’s role, that have not yet created a sentence for the individual. This means that the jury could easily walk into the court room, already having the knowledge of invalid media...


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...ated: 17 November 2011

Dictionary
www.dictionary.reference.com/browse
Copyright 2011


BBC News On This Day (1950 - 2005) “Your Memories Of The Dingo Baby Trial”
http://news.bbc.co.uk/onthisday/hi/witness/october/29/newsid_4395000/4395984.stm


D’Arcy, William Theodore - Bill D’Arcy Support Group “Victim of Trial By Media”
http://www.apersonalhistory.com/Bill_D'Arcy/frBillAppeal.html

Lawrence, Kara Daily Telegraph “Inside the Mind of Evil Predator”
http://www.dailytelegraph.com.au/news/inside-the-mind-of-evil-predator-convicted-paedophile-dennis-ferguson/story-e6freuy9-1225776838465
Dated: September 19, 2009


BOOKS:

Miller, Frederic P “Trial By Media” VDM Publishing House Ltd. 2010

Totaro, Paola “Born or Bred?: Martin Bryant” Fairfax Books, 2009

Writer, Larry “The Australia Book Of True Crime” Pier 9 Publishing 2008


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