WEEKLY LEGAL NUGGETS

 VOX POPULI

Vox populi is a Latin phrase that literally means "voice of the people". It is used in English in the meaning "the opinion of the majority of the people".

The application of Vox populi is commonly known as the court of public opinion which is not a physical court but refers to the beliefs and judgments of most people.

Trying cases in the court of public opinion refers to using the news media to influence public support for one side or the other in a court case. It can also be referred to as Trial by Media. 

Media trials can be described as the impact of television and newspaper coverage on a person’s reputation by creating a widespread perception of guilt or innocence before, or after, a verdict in a court of law.

More and more individuals and companies are compounding, even bypassing entirely, traditional legal processes hoping to get a more favorable hearing in public. Some use court pleadings as press releases.

The court of public opinion is an alternative system of justice. It's very different from the traditional court system: this court is based on reputation and the whims of the crowd. Having a good story is more important than having the law on your side. Being a sympathetic underdog is more important than being fair. Facts matter, but there are no standards of accuracy. The speed of the internet exacerbates this; a good story spreads faster than a bunch of facts.

There are many cases in which the media has interfered and has declared the person guilty even before the court has done so. Trial by media creates an uncontrolled situation among the people. It also hampers the right of an accused to be treated as innocent before being proven guilty. Trial by media, electronic press, and public opinion sabotage the very essence of rule of law.

FROM THE DIRECTORATE OF  RESEARCH

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