In the United States, the Media Control the Courts

The DSK scandal and the Casey Anthony trial have revealed a media-driven system ready to interfere in legal affairs without scruple.

It is Monday, July 5, 2011. Nancy Grace is furious. “I’m not going to let some kooky jury stop justice!” The television host of the continuous news channel HLN, sister network of CNN, exclaimed. Only a few moments earlier, Mrs. Grace — blonde bob, chic suit, shrill voice and a look of vengeance — had predicted that Casey Anthony would be found guilty and given the death sentence.

From the moment she started covering the Anthony case, the former prosecutor-turned-television “star” from Georgia was certain that the young woman of 25 years was guilty of having murdered her two-year-old daughter Caylee in order to continue her party lifestyle. Day after day, month after month, her furious energy sparked a nationwide hysteria as millions of Americas followed her show. She provided commentary on the latest developments, all while raking in money and notoriety.

But far from weighing in the pros and cons, Grace had already made up her mind, incriminating Casey from the start. She often featured guest interviews of those who would put the young woman in a bad light. Over and over, her show would display on an endless loop moving videos of her little girl Caylee, images of the young mother in provocative clothing and even photos of plastic bags thought to contain the remains of the toddler. “In this atmosphere of hysteria, everyone cried guilty!”* a CNN journalist remarked through the airwaves. So, at 2:30 p.m. Tuesday, when the jury’s verdict cleared Casey Anthony for lack of proof beyond reasonable doubt, Nancy Grace saw her trial crumble.

Financial Pressure

Instead of traditional questioning, the small screen judge intensified her invectives, affirming that she would continue to judge Casey Anthony before the court of opinion. She sent out teams of journalists to the restaurant where the defense lawyers were dining after their victory, pouring out her anger at their ability to mislead the “irrational” jurors. Alerted by HLN, furious bystanders crowded in front of the bistro to denounce the verdict. The manager had to come out to explain that he was not responsible for his clients. This behavior reveals the collective outcry resulting from such “bread and game” trials.

The same type of frenzy took over the DSK affair, revealing a media-driven system ready to interfere in legal affairs without scruple. Again and again, images of Dominique Strauss-Kahn were shown, with bags under his eyes, unshaven, haggard and handcuffed. On the day of his arrest, there were images of him being led to court under charges of sexual assault. There was also the famous photo of his Rikers Island jail cell, illegally taken by a prison guard, which was plastered all over the tabloids, who had already more or less convicted him of his crime.

For those who defend free speech on behalf of the First Amendment of the Constitution, it’s easy to say that the “media court” exists everywhere and that in the end, it does not prevent the American justice system from acting independently. The jury’s exculpation of Casey Anthony and DSK’s release on parole by the New York prosecutor supports this argument. But others call for debate on the pitfalls of excessive media coverage, invoking a sort of defamation of the accused. Editor Jim Smith of NewsandSentinel.com writes, “CNN should be ashamed of putting revenue and ratings above fair coverage and ethical standards.” The Casey Anthony case, “combined with the collapse of the Dominique Strauss-Kahn case … shows a press quick to jump to conclusions,” concludes Time magazine columnist James Poniewozik.

Today, New York City Councilman David Greenfield called for the banning of the “perp walk.” This practice, dating back to the 19th century, consists of having arrested persons walk out of the police station handcuffed by the police — all to cater to the flashing cameras of eager reporters. Expected to have an “educational” effect, the perp walk was defended at the beginning of the DSK trial by New York City Mayor Michael Bloomberg. However, with the return of the trial this past Friday, which brought about weaknesses in the housemaid’s case, Bloomberg backpedals on the practice. “We vilify [the accused] for the benefit of theater, for the circus,” he stated, siding with the French, who forbid such practices and are in favor of the concept of innocent-until-proven-guilty.

Yet few observers think that things will change. Political and financial pressures continue to perpetuate the “media circus.” In 2006, Nancy Grace interviewed a young mother, Melinda Duckett, whose little boy had disappeared. She interrogated her mercilessly, implying that the mother had not done all that was necessary to keep an eye on her son. The next day, the young woman committed suicide. Despite a wave of turmoil, “Nancy Grace: Prosecutor” continues to be aired.

*Editor’s Note: This quote, while translated accurately, could not be verified.