Periodically, modern society is shaken to its core by a heinous crime that often questions one’s faith in the people around them. It is foolish to assume that such crimes only come about on rare occasions. In fact, crimes like murder, dismemberings, rapes, among others, have multiple victims daily. The difference between those and the ones we shall focus on is that by lottery, some of the more dastardly crimes leave an impression on humanity as a whole. In India, the infamous Nirbhaya rape case brought a country onto the streets as they stood and marched for women’s safety. Yet, crimes are not always so black and white. For such cases, which leave a lasting mark on the public consciousness, there is often an additional value judgement- passed by society as a whole. The accused often stands convicted even before entering the court of law as collective outrage is enough to cloud the minds of judge and jury alike. This, essentially, is a public trial, one where the principle of an unbiased judiciary takes a backseat to satiating large scale public anger.
Most law operates under two principles- that one is innocent until proven guilty and that everyone deserves a free and fair trial. When a crime becomes a part of public domain and popular discourse, multiple people are chipping in with their opinions over what the best course of action should be. A mob mentality, even if not always unjustified, is developed and consequently, there are two effects that take away from the role of the judiciary. Firstly, there are now preconceived notions about the person standing trial, which manifests itself in the development of biases that compromise the independence of any potential judgement. Secondly, a conviction in a kangaroo court, say on social media, also affects the accused’s life without there being any legal backing for the same. In the cancel culture of the 21st century, the social backlash is unavoidable. However, when this backlash enters the protective arm of the state, it becomes a problem.
The criticism of a public trial spills over from just the judicial arm of the state. Abandoning fundamental principles on which society is built is problematic, irrespective of whether it is in the long or short run. Here, Daniel Medwed, professor of Law at Northeastern University encapsulates, “The hallmark of a civilised society is the extent to which we give our most reviled members protection.”
Aryaman Sood