Monday, March 29, 2010

Presumption Assumption

Everybody likes to believe that they are innocent until proven guilty. It is a nice comforting thought that we hold onto dearly if we are the one being judged. However many are quick to jump onto the band wagon and condemn someone if they feel the person deserves it. If this happens in a closed environment it can be controlled. Where it really becomes sticky is when this is done in the media. Television programs are always looking for an edge, something that gives them an advantage over their competition.

There has been a recent case of this played out in the media. Without going into too much detail, there have been accusations made of sexual abuse behind the scenes of a well-known TV program back in the 80's. The first accusations appeared in public in a women's magazine. This story was then picked up by two rival TV current affair programs. There have been numerous stories from former cast members saying they knew, they suspected or they had no idea that this was going on. Suffice to say it reached saturation level. Both sides got to have their points put forward. All this has occurred without one charge laid or even one complaint lodged with the authorities.

My immediate concern is with the victim, if there is one. The problem lies with the fact that without a complaint from the victim the police cannot investigate. Even if they investigate and charges are laid the victim and their supporters may have done themselves a great disservice with all of the publicity - this has turned into a trial by media at the very least. How is the alleged perpetrator supposed to get a fair trial? If I was his attorney I would be asking for any charges laid to be dropped on those grounds.

In recent history there have been two instances where the courts have ruled that TV dramatizations of criminal activity could not be shown as it would prejudice court cases or appeals. Here we have someone being accused and judged by public opinion without any charges laid. With the saturation level media coverage it would be nigh on impossible to find a jury that had not been influenced in some way by TV or conversations or the inter-web-thingy. Innocent until proven guilty? Here we have a case of tried and convicted....now where do I make my complaint.

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