What I’m saying may sound like a you-kids-get-off-my-lawn old-man rant, but it’s not merely a rant about entertainment culture — it’s also the impact of that culture on the criminal justice system that protects citizens from their government. The trial-as-circus ethos has any number of regrettable effects:
1. Promotion of ignorance: The circus culture encourages the media to offer sound-bite-based, exciting, controversial, and “interesting” explanations for complex issues. Those explanations are rarely complete, accurate, or fair. The media therefore promotes ignorance about the criminal justice system — the mechanism by which some of our most important rights are determined.
2. Promotion of Unquestioned Government Power: The circus culture naturally seeks swift, exciting, simple resolution — like the bad guy being caught, conclusively proved guilty, and punished in the 42 minutes of a TV drama. The media coverage encourages that attitude — and therefore encourages citizens to be impatient of anything that’s not cinematic and angry at anything that seems to interfere with a 42-minute resolution. But “swift and cinematic” favors unquestioning acceptance of government claims, not careful testing of the sufficiency of government evidence, and certainly not respect for rights or the rule of law. The trial-as-circus culture promoted by the media for its own financial benefit is all about promoting the age-old “tough on crime” mindset that constitutional and statutory rights are merely devices by which sleazy defense lawyers evade justice.
3. Promotion of Misconduct: The trial-as-circus atmosphere, with its attendant big money, brings the nuts, the con artists, and the crooks out of the woodwork. Crazy people show up claiming to be witnesses. Minor witnesses exaggerate or change what they saw in pursuit of their fifteen minutes and a book deal. Lawyers abandon their ethical duties in pursuit of a quick buck.
One of the state’s most formidable powers is its ability to imprison or even kill a citizen by accusing that citizen of a crime. Sometimes the state gets it right, and imprisons people who did what they are accused of doing. Other times the state relies on bad evidence or panic about kids, and gets it wrong. How do we know which is which? We have to respect the rule of law and rely upon competent professionals — including vigorous and capable defense attorneys — to apply it. By promoting trial-as-circus, the media and the madding crowd are undermining the rule of law. They’re doing it for money and attention (in the case of the media) and entertainment (in the case of the crowd). They ought to be ashamed of themselves.
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