They believe that within the context of the article read would determined the statement to be fact and not opinion. Reasoning of the court The Appeals Court of Massachusetts held that: A. If a statement discredits an individual in the minds of any considerable and respectable class of the community, then the statement carries defamatory connotations. B. The law requires that a statement to be determined as whether it is a fact or opinion, because based on the First Amendment, that “there is no such thing as a false idea”.
The publicity of the case and the one-sided role of the media caused a majority of people, internationally, to be biased and influenced. This impact then led to numerous problems and difficulties in being treated fairly, such as finding an impartial jury. This factor of having preconceived idea meant that the jury had already decided Lindy Chamberlain’s fate, opposing the justice being “served,” legitimately. Wiping away any chance for Lindy Chamberlain to prove her innocence creates an inevitable outcome. The Chamberlains being judged under a heavily biased jury influenced by the media, therefore shows the maltreatment of the case by the justice system and the society.
Says Pearing, in the text book “introduction to crime and criminology 3”. The media likes to focus on bigger crimes for bigger publicity, such as sex crimes, assault rape. Excluding the little crimes, such as theft, so little as jay walking. Filling our news papers, and web feeds with the same article twice, even if the evidence in it, is half or completely false, if it attracts readers it is to be printed. We don’t focus on the real facts or even where it begin, nor does the media like to go all out for little crimes like, abandonment of a child etc.
It also restricts or prohibits the use of certain evidence in sexual offense cases. Conclusion It is important to know the terminology of research in criminal justice because you will have to read reports and if you do not understand what is being written you cannot effectively do your job. Effective research can assist with opening or closing of cases. Using incorrect terms or incorrect information in research can be harmful to the outcome of the question or situation at hand. The credibility of evidence relies often on the handlers, examiners, experts and presenters.
The most important policy concern has always been the “floodgates argument”. This is when judges are reluctant to impose duty on the defendants because the judges fear that it will “open the floodgates of litigation” and unlimited claims can arise out of a one incident. It is considered to be not fair, just and reasonable to impose duty on defendants disproportionate to his fault. It is well illustrated in Spartan Steel v Martin & Co, where the claimant claimed the loss of potential profit which he would have made if the defendant did not negligently damage the cable which provided electricity to the claimant’s factory. However, the courts found that there was no duty owed by the defendant as Lord Denning stated that impose duty on defendant in such circumstance will lead to “no end of claims” .
Mid-Exam-Assignment 1 Prepared For: Barrister M.A. Billah Prepared By: Towsif Ur Rashid 082 095 030 Law 200 Section: 2 North South University October 17, 2011 Introduction Freedom of expression is a foundation of democratic rights and freedoms. Freedom of expression is essential in establishing the democratic condition and ensuring public rights. Citizens cannot apply their right to vote successfully or take part in public decision-making if they do not have free right of entry to information and ideas and are not able to express their views freely. Freedom of expression is thus not only imperative for individual respect but also to contribution, liability and democracy.
From kidnappings, to murders, to rapes, to bank robbing, to car accidents, to terrorist warnings, to abducted children... the list goes on and on. Basically if someone’s not getting hurt, somethings not getting taken, or someone in the government is not doing something wrong, there is no story. With that said, “Fact: the higher you go in the business, the more time you will spend standing blind folded on the media firing line” (Pg 182). As Richard Nixon put it, “the press is the enemy” (Pg 183). For politicians, all reporters are trying to do is exploit any wrong move.
According to Michael Moore’s documentary, I assume that media can’t be trustworthy unless people explore for the accurate news and find out who is behind those news and TV shows. Some media images could be fabricated to edited or transmitted from the wrong place. Furthermore the problem with some government’s TVs that they use lots of intimidation in their news, and most people believe it and they build their thoughts on what they hear in the news without searching for the true information. For example, there is an American TV show called “Cops”, it is a documentary of reality shows the way how cops search for criminals and how they chase them. They usually show that that the criminals are black people and the white cops are chasing them.
Its unofficial status makes it less put together while perhaps ensuring greater freedom of information. These two documents are both radically opposed in their approach to American intervention in Vietnam, in the manner in which they express their opinions, and in their historical context. One is violently pro-war and basically insults anyone that does not have their “heart in the US,” or that is against the war, while the other promotes strong pacifist ideals. The first message is diffused through the glossy picture of a widely read magazine, while the other is exhibited through a crude caricature in an underground, illicit publication. Finally, the first document is published during a wave of anti-communist feeling before the “Vietnam syndrome” really
Jessica Smith Patrick Ocampo ENG 1213 17 Apr. 2012 The Effects of the Media on Court Decisions The media has been known to have a profound affect on the way trials are conducted, with the problem being that news media can interfere with the court process and cause issues with the right to free press and the right to fair trial. There are different opinions as to which aspect is actually being affected, whether just the defendant's privacy is being revoked or whether media has the ability to change jury decisions. The two sides being those who propose courtrooms being completely open and allow all media personnels full access to trials and those who believe media in the court should be more strictly confined, allowing no media access or news coverage. A fair proposal that could make both of these sides happy would be to allow full access of media into court rooms, but isolate the jurors, as a means of keeping fair trial in tact.