Price and Prejudice

Some people who comment on cases may not be fully aware of the danger of pride and prejudice to innocent defendants.

Pride

• Pride is dangerous because many people are afraid to admit they were mistaken, for fear of damaging their reputation.
• Some people believe the cure is to simply remain neutral in public and not express any firm opinion.
• For journalists who do not research cases in any detail, this is perhaps the wisest solution.

Prejudice

Prejudice against innocent defendants can occur in many different ways.

(1) Giving ill-advised interviews or being seen by reporters.

Causes:

• Failure to obtain legal counsel
• Existing fame
• Being an attractive woman

(2) Police and/or prosecution leaking incorrect information to the press.

Causes:

• Premature arrest
• Tunnel vision : failure to investigate all suspects
• Failure to identify guilty party

(3) Suppression of evidence

Examples

• Evidence destroyed by police and/or prosecution
• Evidence manufactured by police, prosecution or other parties
• Evidence held to be inadmissible by a court
• Tampering or suppression of trial record / exhibits

(4) Media reports that do not fully disclose defense case

Causes

• Defense case may be withheld for tactical reasons
• Truth remains hidden

Media types

• Newspapers,
• Television or radio broadcasts ,
• “True crime” books
• Websites
• Films

Conclusions

• Be aware of the sources of prejudice listed above
• Be sceptical about any source that seems one-sided
• Be sceptical about police or ex-police sources
• Do not express an opinion on a case without being aware of the prosecution and defense case.
• It may be necessary to consult primary sources, where reliable secondary sources are not available.
• Nothing can be certain, but if all the facts have a clear explanation, you are probably correct.
• Sometimes the required information to draw a firm conclusion may not be available – reasonable doubt.
• If you find discussing a case distressing or are reluctant to look at some new information from a credible source, your conclusion about the case is probably wrong.
• If you are puzzled by some or many aspects of a case, your conclusion (if you have one) is likely wrong due to a combination of pride and prejudice.