Media
● The media has a large impact on the outcome of a criminal case.
○ Many people believe the content of the media printed to be true even when
it's not
■ which could lead to a suspect not getting a fair trial.
● Under English law a person is innocent until proven guilty
○ but
■ if a jury already has been influenced by the
media.
■ This could affect the outcome of the trial and result is trial by media.
● Examples of this
○ Jonathan Woodgate and Lee Bowyer.
● Christopher jefferies
○ accused of murdering his tenant Joanna Yates
■ was wrongfully imprisoned for her murder.
● He was later released without charge.
○ However
■ The media portrayed Jefferies in an early
negative way
● one article describing him as “strange”,
“weird”, “distruving” and “ a loner”.
■ This was based primarily off his appearance
● despite being innocent
○ the reporting of him let the public to believe he was
guilty
■ resulted in a trial by media
● In the case of Joathan Woodgate and Lee Bowyer,
○ the footballers were accused of assaulting an Asian student
■ in Leeds in 2001
● The trial collapsed after a newspaper article was published
about an interview with the victim's father
○ whilst the jury was deliberating the verdict.
■ The Sunday Mirror story could have heavily prejudiced the jury
● resulted in an unfair jury
○ In addition to this,
■ the jury was all white
● the victim believed it was this bias
○ which impacted the verdict.
■ The newspaper was heavily criticised and ordered to pay £175,000 in
fines
● The status of the figures could have also swayed the jury
○ Lord Justice Kennedy said the timing and content of the
article had been imperiled to a lengthy, expensive,
high-profile and difficult trial at a difficult time.
, ● Another example
○ where the media affected the outcome of the trial
■ in the Colin Stagg case,
● he was accused of killing Rachel Nickel
○ spent 13 months in prison before the judge threw out
the case
■ This was due to another suspect killing another
victim.
■ Robert Knapper was the actual killer
● Stagg suffered a great miscarriage of justice
○ Before Stagg actually went to trial,
■ the media wrongly decided that he was guilty
● with headlines in the paper declaring “
no girl is safe” and calling him a “sex
killer”.
● led people to believe he was guilty
○ thus a trial by media was endured
● The impact of a trial by media is hugely consequential
○ The media leads the public to assume the person who has been arrested is
guilty of the crime
■ This can lead to the jurys views being altered and evidence that links
to it may have to be thrown out
● Inadmissible evidence
○ can be used in court, and is evidence that comes from
outside of the court.
○ Trial by media
■ lead to inadmissible evidence being brought in the court
● impacts the verdict.
○ If the wrong verdict is iveb,
■ this can lead to a miscarriage of justice
● which esults in compensatoin beig paid
and peope losing jobs.
● Article 6 of the human rights act
○ states the right to a fair trial and an impartial hearing
■ which a public authority makes a decision that impacts upon your civil
rights or obligations
● However,
○ this is impacted by impartial juries and contempt of
court.
■ Trial by media is such an issue because every defendant has the right
to an impartial jury,
● which the jury hears a case without prejudice and will give a
fair verdict.
○ Often,