Is 'innocent until proven guilty' a farce?

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spazzx625

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#1 spazzx625
Member since 2004 • 43433 Posts

Consider media coverage of high profile murder cases like OJ Simpson. Even after being proven innocent in a court of law people still think he did it based on presumptions brought forth through the media...Hell, I think he did it too.

The latest ones are the reported "Craigslist killer", Philip Markoff, and "tot mom", Casey Anthony. In Anthony's case, the defense is looking to move the case because she says the local media has already instilled in people that Anthony is guilty.

What are your thoughts?

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lucky326

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#2 lucky326
Member since 2006 • 3799 Posts
Lets face it, the Media just takes the law into there own hands and hands out the "peoples" judgement.
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duxup

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#3 duxup
Member since 2002 • 43443 Posts

If you're going to have free speech and press and an imperfect justice system that is just how it is.

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solid_mario

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#4 solid_mario
Member since 2005 • 3144 Posts
These are only a few cases. The vast majority of cases still work under innocent till proven guilty.
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spazzx625

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#5 spazzx625
Member since 2004 • 43433 Posts

If you're going to have free speech and press and an imperfect justice system that is just how it is.

duxup
Reporting on stuff is one thing, but when media outlets bring people on to talk about, say, Philip Markoff's fiance and her reactions to all this, they are jumping to conclusions that should be made in court. I'm all for media coverage, but many cross the line for the sake of entertainment.
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monkeyd_93

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#6 monkeyd_93
Member since 2007 • 6848 Posts
the media get the smallest bit of information and make it sound big and bad, people get worried and everything goes into chaos and make our judgement biased
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spazzx625

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#7 spazzx625
Member since 2004 • 43433 Posts
These are only a few cases. The vast majority of cases still work under innocent till proven guilty.solid_mario
So what is the factor there? How much media coverage a case gets?
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solid_mario

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#8 solid_mario
Member since 2005 • 3144 Posts
[QUOTE="solid_mario"]These are only a few cases. The vast majority of cases still work under innocent till proven guilty.spazzx625
So what is the factor there? How much media coverage a case gets?

I think that is the factor. How else would someone get to know a specific case and thus pass judgement before it went to trial? The only other way would be to know someone involved in the case.
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duxup

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#9 duxup
Member since 2002 • 43443 Posts

[QUOTE="duxup"]

If you're going to have free speech and press and an imperfect justice system that is just how it is.

spazzx625

Reporting on stuff is one thing, but when media outlets bring people on to talk about, say, Philip Markoff's fiance and her reactions to all this, they are jumping to conclusions that should be made in court. I'm all for media coverage, but many cross the line for the sake of entertainment.

I won't defend the media, but I will say I don't think bringing someone's fiance on the air is anymore prejudicial than the regular reporting you see.

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Serraph105

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#10 Serraph105
Member since 2007 • 36092 Posts

it can be but OJ definitly did it in fact the only reason he isnt behind bars is because DNA testing was considered too new at the time and thus thrown out as evidence

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spazzx625

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#11 spazzx625
Member since 2004 • 43433 Posts
[QUOTE="spazzx625"][QUOTE="solid_mario"]These are only a few cases. The vast majority of cases still work under innocent till proven guilty.solid_mario
So what is the factor there? How much media coverage a case gets?

I think that is the factor. How else would someone get to know a specific case and thus pass judgement before it went to trial? The only other way would be to know someone involved in the case.

I would agree with you, but not in a full sense. I think to some extent the law enforcement and legal teams behind the prosecution must operate on a 'guilty until proven otherwise' mindset to get the case done. For the most part, yeah, if the story will get ratings, it's all over the TV, radio, and internet.
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Omni-Slash

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#12 Omni-Slash
Member since 2003 • 54450 Posts
On GS yes.....in Real life no...opinions are gonna happen with or without the media.....media just makes those opinions known on a wider scale...
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solid_mario

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#13 solid_mario
Member since 2005 • 3144 Posts
[QUOTE="spazzx625"][QUOTE="solid_mario"][QUOTE="spazzx625"] So what is the factor there? How much media coverage a case gets?

I think that is the factor. How else would someone get to know a specific case and thus pass judgement before it went to trial? The only other way would be to know someone involved in the case.

I would agree with you, but not in a full sense. I think to some extent the law enforcement and legal teams behind the prosecution must operate on a 'guilty until proven otherwise' mindset to get the case done. For the most part, yeah, if the story will get ratings, it's all over the TV, radio, and internet.

I agree, to an extent, that law enforcement works with a guilty till proven otherwise attitude but the fact is that this attitude towards a suspect shouldn't be made public. I could be naive in saying this but I like to think that law enforcement go after the person who looks like they have done it and that they don't pass their views onto the public.
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#14 Smoke89
Member since 2003 • 3575 Posts

Once a person is indicted it is pretty much worthless. Society views an indictment as if the person was found guilty. This was a hot topic/large section in my political science class.

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spazzx625

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#15 spazzx625
Member since 2004 • 43433 Posts
[QUOTE="solid_mario"] I agree, to an extent, that law enforcement works with a guilty till proven otherwise attitude but the fact is that this attitude towards a suspect shouldn't be made public. I could be naive in saying this but I like to think that law enforcement go after the person who looks like they have done it and that they don't pass their views onto the public.

I would hope that too, but sometimes I think they pick people as their lead suspect without enough evidence to fully back up the claims, even in murder trials. But, I don't really know how all that stuff works.
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solid_mario

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#16 solid_mario
Member since 2005 • 3144 Posts
[QUOTE="spazzx625"][QUOTE="solid_mario"] I agree, to an extent, that law enforcement works with a guilty till proven otherwise attitude but the fact is that this attitude towards a suspect shouldn't be made public. I could be naive in saying this but I like to think that law enforcement go after the person who looks like they have done it and that they don't pass their views onto the public.

I would hope that too, but sometimes I think they pick people as their lead suspect without enough evidence to fully back up the claims, even in murder trials. But, I don't really know how all that stuff works.

I am in the same position. I don't feel like I know enough to be able to pass judgement about this and so I hope that they don't judge people and that they look at the evidence.
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Oleg_Huzwog

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#17 Oleg_Huzwog
Member since 2007 • 21885 Posts

Innocent until proven guilty doesn't apply to the court of public opinion; only a court of law.

Even after being proven innocent in a court of law

spazzx625

And failure to prove guilt is not the same as proven innocent.

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spazzx625

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#18 spazzx625
Member since 2004 • 43433 Posts

Innocent until proven guilty doesn't apply to the court of public opinion; only a court of law.

[QUOTE="spazzx625"]Even after being proven innocent in a court of law

Oleg_Huzwog

And failure to prove guilt is not the same as proven innocent.

Public opinion sways juries...In high profile cases it would be hard to find a fair jury due to media coverage, no? And you're right, they are different...But technically, any 'reasonable doubt' automatically defaults to innocence in court. That doesn't necessarily mean the guy was innocent, just that there was reasonable doubt. In OJ's case, I assume the jury didn't think he was innocent, just that there was a reasonable doubt.
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#19 swamprat_basic
Member since 2002 • 9145 Posts

Most people don't really care about justice; they care about retribution.

We like to think we are civilized, but ultimately we still need to lock people up in stockades and throw rotten vegetables at them.

The media fills that need by giving us criminals, and showing us how they are punished.

Scott Peterson most likely killed his wife, but there is no way on Earth that he received a fair trial. They were making television movies about it before the case had even gone to trial. All of the evidence against him was circumstanstial, but it didn't matter, because there wasn't a single person in the United States of America who hadn't all ready heard about the case. Everybody all ready "knew" that he was guilty.

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#20 Oleg_Huzwog
Member since 2007 • 21885 Posts

Public opinion sways juries...In high profile cases it would be hard to find a fair jury due to media coverage, no?spazzx625

It would be hard, yes. Which is why the really high profile cases involve jury pools that number in the hundreds, so the court can search for jurors who are least likely to have already reached any sort of conclusion.

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spazzx625

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#21 spazzx625
Member since 2004 • 43433 Posts

[QUOTE="spazzx625"]Public opinion sways juries...In high profile cases it would be hard to find a fair jury due to media coverage, no?Oleg_Huzwog

It would be hard, yes. Which is why the really high profile cases involve jury pools that number in the hundreds, so the court can search for jurors who are least likely to have already reached any sort of conclusion.

Yeah, I still say it's impossible to get a true impartial jury for cases that have been all over the media for months before actually going to trial, though.
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matenmoe

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#22 matenmoe
Member since 2004 • 1238 Posts

Good heavens, we'd all better hope not!

Somebody mentioned the media- recall that media is a for-profit organization and that they constantly milk us for those Sperry jinger type headlines. But as long as we only want to hear / see the dirt in the world (we sickly crave this) that is all that a for-profit group is going to feedus.

How's about all of us looking only for the fuzzy warm feeling happy rainbow smurfy stuff in the news? Then it will be like the ads on the bottom of these GS thread pages- advertisments will appear down there based on what was written up here.

We are innocent until proven guilty. We are guilty for our preference in the media news, however.

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194197844077667059316682358889

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#23 194197844077667059316682358889
Member since 2003 • 49173 Posts
Alas, there is no right to avoid "trial by media". I'm sure you know already that "innocent until proven guilty" applies only to the criminal court system. As long as criminal cases are treated as entertainment, that's just how it's going to be. We must have our bread and circuses!
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Sajo7

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#24 Sajo7
Member since 2005 • 14049 Posts
Innocent until proven guilty can only be applied to the court players themselves. You can't make outside factors approach it that way unfortunately.
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#25 spazzx625
Member since 2004 • 43433 Posts
Innocent until proven guilty can only be applied to the court players themselves. You can't make outside factors approach it that way unfortunately.Sajo7
What do you mean?
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#26 Sajo7
Member since 2005 • 14049 Posts
[QUOTE="Sajo7"]Innocent until proven guilty can only be applied to the court players themselves. You can't make outside factors approach it that way unfortunately.spazzx625
What do you mean?

Innocent until proven guilty is just a summary of the court process. People will believe whatever they want though. Sorry if I'm not clear but I'm not entirely sure what your stance is either.
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#27 spazzx625
Member since 2004 • 43433 Posts
[QUOTE="Sajo7"] Innocent until proven guilty is just a summary of the court process. People will believe whatever they want though. Sorry if I'm not clear but I'm not entirely sure what your stance is either.

My stance shouldn't really matter...But I believe that in cases where there is national media coverage finding an impartial jury would be impossible, thus influencing the actual court process and getting away from just being public opinion. Hell, it could even influence a judge, but that seems less likely. Reporting on stuff is one thing, but most of the times the media doesn't use words like 'accused' or 'suspected' they are ambiguous at best, and accusatory at worst.
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duxup

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#28 duxup
Member since 2002 • 43443 Posts

[QUOTE="Sajo7"] Innocent until proven guilty is just a summary of the court process. People will believe whatever they want though. Sorry if I'm not clear but I'm not entirely sure what your stance is either.spazzx625
My stance shouldn't really matter...But I believe that in cases where there is national media coverage finding an impartial jury would be impossible, thus influencing the actual court process and getting away from just being public opinion. Hell, it could even influence a judge, but that seems less likely. Reporting on stuff is one thing, but most of the times the media doesn't use words like 'accused' or 'suspected' they are ambiguous at best, and accusatory at worst.

That seems to assume you believe everything you see in the news and that once you're exposed to it you can't overcome that. Polls I've seen seem to indicate a fairly strong distrust of the media.

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spazzx625

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#29 spazzx625
Member since 2004 • 43433 Posts

That seems to assume you believe everything you see in the news and that once you're exposed to it you can't overcome that. Polls I've seen seem to indicate a fairly strong distrust of the media.

duxup
I don't at all, but I'm speaking in general terms of the populous. I don't think that distrust necessarily means they can't buy what the media is selling when they are talking about a murder case or something. People will have bias, it's unavoidable. If someone is hearing about a case on the news, they will form an opinion, it's human nature. Whether or not that opinion is caused by the media is a different matter, but they will instantly have feelings on the matter.
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#30 Sajo7
Member since 2005 • 14049 Posts
[QUOTE="spazzx625"][QUOTE="Sajo7"] Innocent until proven guilty is just a summary of the court process. People will believe whatever they want though. Sorry if I'm not clear but I'm not entirely sure what your stance is either.

My stance shouldn't really matter...But I believe that in cases where there is national media coverage finding an impartial jury would be impossible, thus influencing the actual court process and getting away from just being public opinion. Hell, it could even influence a judge, but that seems less likely. Reporting on stuff is one thing, but most of the times the media doesn't use words like 'accused' or 'suspected' they are ambiguous at best, and accusatory at worst.

Ah okay. Well I would argue that jury members will do what they feel is right regardless of media attention, everyone has an opinion when it comes to these cases and there more likely to base it off the actual case than outside media coverage.
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#31 spazzx625
Member since 2004 • 43433 Posts
[QUOTE="Sajo7"] Ah okay. Well I would argue that jury members will do what they feel is right regardless of media attention, everyone has an opinion when it comes to these cases and there more likely to base it off the actual case than outside media coverage.

I would hope that jurors in a trial would be able to look ONLY at what had been presented in the actual trial, but the pessimist in me is skeptical.
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duxup

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#32 duxup
Member since 2002 • 43443 Posts
[QUOTE="duxup"]

That seems to assume you believe everything you see in the news and that once you're exposed to it you can't overcome that. Polls I've seen seem to indicate a fairly strong distrust of the media.

spazzx625
I don't at all, but I'm speaking in general terms of the populous. I don't think that distrust necessarily means they can't buy what the media is selling when they are talking about a murder case or something. People will have bias, it's unavoidable. If someone is hearing about a case on the news, they will form an opinion, it's human nature. Whether or not that opinion is caused by the media is a different matter, but they will instantly have feelings on the matter.

Except they don't just come in off the street and make a call on the case and the general populous doesn't decide the case.
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spazzx625

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#33 spazzx625
Member since 2004 • 43433 Posts
[QUOTE="duxup"] Except they don't just come in off the street and make a call on the case and the general populous doesn't decide the case.

That's true. I don't really have any sort of rebuttal as a devil's advocate or anything. I just spend too much time watching the Today Show
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duxup

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#34 duxup
Member since 2002 • 43443 Posts

[QUOTE="duxup"] Except they don't just come in off the street and make a call on the case and the general populous doesn't decide the case. spazzx625
That's true. I don't really have any sort of rebuttal as a devil's advocate or anything. I just spend too much time watching the Today Show

TV people, and the media love to talk about themselves and act like they worry about the impact of what they say, also after this break we'll tell you how to be a great mother by buying the products that sponsor this program ;)

The legal system is far from perfect, but I give people a lot more credit than some do.

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#35 foxhound_fox
Member since 2005 • 98532 Posts

As long as it doesn't effect the jury, its fine, that's what the media does.