Televised courtroom proceedings have increased in popularity. Majority of the popular broadcasting companies have a reality court television line up. A popular courtroom series that has been around since 1981 is The People’s Court, a throwback from popular courtroom shows in the 1950s. What many fail to realize is that the plaintiff’s and the defendant’s are guaranteed money to appear for their court hearing. In 1989, Louis De George sued Judge Joseph Wapner of
The People’s Court for only receiving $250 after he was guaranteed $1,500; but since he lost the case, the money owed to the plaintiff was taken out of De George’s assumed profit. He stated, “I never would have appeared on that show and made a fool out of myself for a chintzy $250” (Associated Press, 1989). In reality, the offender and the defendant are either summonsed to court or they appear willingly, and if they refuse to appear the case can be dropped or a warrant can be placed for their arrest.
Another example of unrealistic portrayals of the criminal justice system can be found in legal dramas such as sitcoms or movies. Law and Order appears to be a favorite television show of many, but the accuracy of the show can be deceiving. “In the criminal justice system, the people are represented by two separate yet equally important groups: the police who investigate crime and the district attorneys who prosecute the offenders. These are their stories” (Giuliano, 2008).
In the background on New York City, Law & Order is a law enforcement drama played on NBC Universal television. The show commences with the immediate aftermath of the investigation and prosecution which is played out by following a small team of homicide detectives. Unlike real crimes, the detectives rarely encounter a simple murder where the perpetrator does little to hide his or her guilt. Detectives also have little or no clues to start with, usually chasing several loose ends before finding a worthy suspect. Halfway through, prosecutors begin collaborating with police officer to make an arrest, while sometimes also testifying in court. Majority of these investigations are conducted by the detectives, who always consult with the District Attorney before proceeding with the case. Law and Order does not always win their cases; sometimes finishing the show with an incomplete resolution. Sometimes true facts of the crime are left for the audience to determine the criminals’ destination where other cases against the offender are won; though justice still seems to be lacking.
In comparison to the lawyers and police on the show, the victims and witnesses of crimes speak briefly, obligated sentences help speed up the plot, even though the same characters are under cross examination or visibly upset. Typically, questionings of a key witness will last only a minute, if not less, even in real time. Forensic experts are depicted as all-seeing individuals and the forensic evidence is never deemed questionable. Like many legal dramas the show has been accused of providing an unrealistic portrayal of the criminal justice system.
Society has been divided over allowing media in the courtroom. One of the more controversial cases is the trail of O.J. Simpson where he was acquitted for murder of Nicole Simpson and Ron Goldman. Each person is guaranteed a fair trial and an unbiased jury, but being a celebrity makes finding an unbiased jury nearly impossible. Some contemplate if Simpson’s Constitutional rights were violated with the news coverage that was provided. After the trail many were outraged by the results and wondered why he was not perceived as guilty. What news coverage failed to address is that in criminal court, sentencing is determined upon reasonable doubt which sets a much higher standard than in civil courts. The reason OJ Simpson was found not guilty in the criminal court system is because there was not enough proof to leave any reasonable doubt that he did not commit the crime. Then when the trail proceeded to civil court the Goldman’s family was rewarded $33.5 million because the preponderance of evidence provided proof beyond reasonable doubt to acquit him with the murder.
In order for society to gain confidence in the justice system, media and the press must represent all the facts with little bias. According to their contract as an associated member of the press, news reporters are not allowed to lie; but many articles tend to use one side of a story more than another. News stories and crime narratives still ring with key elements of the conservative discourse on crime. The news and media tend to make society believe that criminal offenders are professional criminals, clear-headed, and motivated by greed. Another strong deception is the interest of public safety and justice are ill serviced by dead beat cops, liberal judges and lawyers who are sometimes to the point of absurdity – preoccupied with the rights of defendants. Hopefully more people will be able to acknowledge the reality before they are misled with false perceptions of the reality in a courtroom.
Even though the media tends to represent many facts, they also provide unrealistic portrayals of the realities in the court room. People enjoy legal dramas, but often perceive them to be realities. Another contributing factor to societies mislead perception is celebrities ability to afford excellent legal counsel, so they do not have the full repercussions of their actions. These reasons allow people to have misled presumptions of the criminal justice system, which largely affect their everyday lives.
References
Associated Press. (1989, June 15). 'People's Court' finds itself before the dock. Retrieved March 1, 2009, from New York Times: http://query.nytimes.com/gst/fullpage.html?res=950DE2D71F3BF936A25755C0A96F948260
Giuliano, P. (Director). (2008). Law and Order: Special Victims Unit [Motion Picture].
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