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Gosh. You mean trial-by-media might be a *bad* thing?

Posted on 2006.08.16 at 18:06
So. For many years now, the parents of slain child beauty queen JonBenet Ramsey have been hounded. On top of their daughter being brutally assulted, murdered and left in their basement, they have spent their time fighting defamation lawsuits against a rather steady onslaught of media accusations. This ranges from heavy news implication that they were the murderers all the way up to depictions on MadTV, South Park and Family Guy that directly painted them as sociopathic (and the killers of their own daughter.) Sure, there wasn't enough evidence to convict them, but we the American people could exact a kind of justice, couldn't we? Couldn't we?

Here's the thing.

Police caught the murderer. Who confessed to the murder.

Patsy Ramsey died two months ago. She died not knowing who killed her daughter. She died living under a continuing burden of presumption of guilt. A burden her husband John continued to live under.

In America, our legal system has a presumption of innocence. Do you know why that is? It's because it's too damn easy to be wrong. The legal test has to be "proven beyond a reasonable doubt."

I just wish that socially we could all live up to that same standard. Can you imagine dealing with the horror and grief of your child being murdered and having to spend all your time rebutting people who don't know the first thing about the case assuming you did it?

But hey, it sold a lot of tabloids, right?

And isn't that the American Way?

Comments:


J. M. F. Grant
[info]flemco at 2006-08-16 22:23 (UTC) (Link)
I lived two blocks from the Benet-Ramsey house for over a year and a half. Which was kind of cool. That thing was fucking enormous - one of the largest houses I've seen in my life. So yeah, I found their story plausible, but for the most part....

...I really didn't give a fuck one way or another.
Mason Kramer
[info]masonk at 2006-08-16 22:26 (UTC) (Link)
And this is why I try to avoid making cracks about Simpson or Jackson.
J. M. F. Grant
[info]flemco at 2006-08-16 22:28 (UTC) (Link)
Jackson: Don't give a fuck.

Simpson? Um. Methinks the Juice doth protest too much. But don't give much of a fuck there either. He's just guilty as hell. Guilty, guilty, guilty.
libraryprincess
[info]freakfest at 2006-08-16 22:33 (UTC) (Link)
Jackson? No one but Michael and those kids really knows what went on. Either way, that man is fucked up beyond belief, and has no concept of what constitutes appropriate behavior with and around children. The PARENTS of those children who let their little darlings cavort with the Gloved One because he's a big celebrity? They're idiots. Period.

Simpson? Guilty. Just my opinion.

Little Jon-Benet? I thought someone in the family killed her, yes. Perhaps I was so horrified by the whole kiddie pageant circus she was subjected to that my judgment was skewed.
J. M. F. Grant
[info]flemco at 2006-08-16 22:37 (UTC) (Link)
I had to read up on the OJ thing when a mag started asking me to do an article on it in 98, but that didn't pan out.

That OJ did it is of damned near no question whatsoever to anyone who was involved in the investigation. The only person who says someone else did it is OJ, or the people who were paid grand chunks of fat to say it for him. Unfortunately, the LAPD fucked up his case so badly that there was no way he could get a fair trial. Every bit of evidence custody, every bit of legal filing in that case was done with such incompetence that it really boggles the mind - it turned a cut-and-dried case of murder into a fucking three-ring circus.
Demiurgent
[info]demiurgent at 2006-08-16 22:43 (UTC) (Link)
Yeah. That's a whole different legal principle.

"Even the patently guilty have a right to a fair trial."

Otherwise known as "Dirty Harry would have lost his badge and done a dime in Maximum."
The Ferrett
[info]theferrett at 2006-08-16 22:34 (UTC) (Link)
I have no problems with making comments. I've read up on details of both cases (Simpson in particular), and I'm pretty sure that Simpson is a murdering jerk and Jackson is pretty darned creepy.

Yet that means nothing. I get to say things. But I haven't seen all of the evidence, and I am not a judge, and the fact that I believe something does not make it true.

Well, except for Michael Jackson.
The Ferrett
[info]theferrett at 2006-08-16 22:28 (UTC) (Link)
You said it.
Boo
[info]have_you_seen at 2006-08-16 22:47 (UTC) (Link)
What I read they have no 100% proof yet, but I do hope this closes the case finally. It should just be closed, not dragged around more. At least there is an arrest finally.
Ang
[info]orikes13 at 2006-08-16 22:48 (UTC) (Link)
I will say that Americans aren't the only ones to screw up in this way. Just recently (don't ask why, I don't remember) I had the urge to read up on the whole 'Dingo ate my baby' case. http://www.crimelibrary.com/notorious_murders/not_guilty/chamberlain1/1.html. It's very similar in that the parents were accused with little to no real evidence. Half of what fueled the case against the parents was the media fever over the story.

I think with this particular case, what was most damning against the parents wasn't any evidence against them in the murder of their daughter, but the freak show pageants that they had their daughter involved in. People saw the pictures of a tarted up toddler and had a visceral reaction against the people who had obviously made the decision to have her involved in that. Because they were involved with a 'fringe' element of society, the sympathy the public might have had for them evaporated in suspicion and misunderstanding.
The Green Avenger
[info]ryuko_midori at 2006-08-16 23:13 (UTC) (Link)
At least, it seems, she was under consultation about the possible murderer before her death, so at least she had hope.. As for me, I did believe that they might have something to do with it, but I never expressed a concrete opinion on it, because I didn't care to do all the research on it. In addition, I was in middle school.
Code Indigo: Atomic space beavers are attacking!
[info]indigoskynet at 2006-08-17 00:40 (UTC) (Link)
You said it well and cut to the heart.

I was kind of facepalming at "They only just NOW caught that poor child's murderer?!"

And now I feel guilty for thinking it.

Amhorach
[info]amhorach at 2006-08-17 00:56 (UTC) (Link)
I thought the American Way was the more money you have, the more likely it is that you're innocent of a crime. It seems to work out that way, in any event.

Blackbyrd
[info]blackbyrd2 at 2006-08-17 01:04 (UTC) (Link)
Police caught the murderer. Who confessed to the murder.

Devil's advocate here;
Police have a suspect. Karr has also that same presumption of innocence of which the Ramseys have been lamenting a lack.

Yes he's confessed to "some aspects of the crime." However, people confessing to high profile crimes that they didn't commit is nothing new.
On the flip side, murder is most frequently committed by close relatives. It was not unreasonable to suspect the Ramseys of being involved.

Having said all that, I totally agree with your position that trial by media is both incredibly unjust, and much too common in today's world.

In a perfect world, no innocents would ever be convicted, and no guilty parties would ever go free. Being as this isn't a perfect world, I doubt we'll be able to eliminate trial by media comletely, but perhaps if we speak up often enough, we can at least force people to look at all the facts first.

Who was it that said the justice system was terrible, and the only thing worse would be anything else in the world? (Or something like that. Churchill?)
no_relation
[info]no_relation at 2006-08-17 01:19 (UTC) (Link)
I think it was Churchill, and I think he was talking about democracy. My source on that, of course, is West Wing, so take that as you will.
copperhamster
[info]copperhamster at 2006-08-17 01:29 (UTC) (Link)
Democracy is the worst form of government except from all those other forms that have been tried from time to time.

Winston Churchill, speech in the House of Commons, 11 November 1947
no_relation
[info]no_relation at 2006-08-17 01:34 (UTC) (Link)
And quoted by Will Bailey (played by Josh Molina) in season five of The West Wing. I don't know much, but I know what I know.
Blackbyrd
[info]blackbyrd2 at 2006-08-17 01:35 (UTC) (Link)
Muchos Gracias to both of you. :)

(Makes much more sense than the justice thingy, being he was a Brit.)

Although, our "Justice System" really does leave a lot to be desired, even though I don't actually know of a better one right off.
copperhamster
[info]copperhamster at 2006-08-17 04:53 (UTC) (Link)
I guess I should add, I vaguely remembered the quote (Churchill is great for quotes, isn't he...) but I should credit the exact wording to wikiquote.

(didn't want to get out my hardback book of Churchill quotes to look it up.)
I particularly like:
If you are going through hell, keep going.
Mat Bowles
[info]matgb at 2006-08-17 14:41 (UTC) (Link)
Except he was quoting someone else, Roosevelt IIRC.
Ang
[info]orikes13 at 2006-08-17 03:01 (UTC) (Link)
"Yes he's confessed to "some aspects of the crime." However, people confessing to high profile crimes that they didn't commit is nothing new."

The key thing to point out here is that this new suspect has confessed to some aspects of the crime that were not released to the public. This is why police try not to give every detail of a crime scene away, so when someone confesses, they have some way of determining if the person is telling the truth or just trying to ride some sick train to glory.
Blackbyrd
[info]blackbyrd2 at 2006-08-17 03:16 (UTC) (Link)
That's true. I hadn't seen that. I'd only gone by Eric's posted link which didn't specify that.

Of course, the statement still holds true that he's innocent until proven guilty, just as anyone else is, regardless of what we may "know" about the case.
Blackbyrd
[info]blackbyrd2 at 2006-08-30 06:29 (UTC) (Link)
Just an update; Apparently there's no evidence or details left which haven't been made public.


However, it does look like he'll at least get a little jail time for child porn charges.
Paul Gadzikowski
[info]scarfman at 2006-08-17 02:45 (UTC) (Link)

My immediate reaction to news of the Simpson murders was, "Of course he didn't so it." Within forty-eight hours there'd been so much hype that all I was sure of any more was that he'd never get a fair trial.

As damning as the evidence against him seems to be, there was enough conflicting evidence contradicting the popular scenario which I've never seen refuted that I remain unconvinced that the truth is known, let alone proven.

copperhamster
[info]copperhamster at 2006-08-17 04:41 (UTC) (Link)
Personally... I hate this 'trial of the media' on everything. Every media outlet has to be first with whodunit.

Any case can become a circus overnight, and those evil clowns on the TV, radio, even in the newspapers, will be right there. I love the ones that talk about how sick someone is, how twisted, how evil, how there isn't a single shred of mitigating evidence, and then tack on the statement 'Of course so and so is innocent until proven guilty in a court of law'. (You know who I'm talking about. Well, there is more than one of the normal bunch that does that...)

In point of fact, I am somewhat open minded of this guy they caught. He confessed. To whom? The Thailand police? Will that stand up in a US court? I don't know about Thailand specifically but I am aware that with a little 'physical persuation' you can get anyone to confess to anything, and many countries are somewhat well known for their willingness to resort to violence.

What's gonna be interesting is when the papers/tv/etc get sued for wrongful death. What do I mean? Let's put forth a scenario:
Person (hereafter refered to as Victim) is brutally murdered.
Police don't quickly come up an arrest, doing little more than affirming that yes, they indeed are looking at these people who were close to the victim, which they do as a matter of course.
The media fingers Victim's brother/son/husband/father Bob, and you get the standard feeding frenzy and conviction in the press. Rallys protesting he still is going free, etc..
Nutjob Sam comes along, and for great justice, kills Bob.
Police arrest John over there, who had no real connection with the victim, but whom DNA evidence convicts (or some such).
They also arrest Sam for the murder of Bob on live TV or something.

Bob and Victim's next of kin sue the pants off of (insert numerous media outlets here) because if they hadn't been so quick to say 'Bob did it' this nutjob would never have gotten the idea that Bob had to die.

Anyway... I've had my fill of mankind for the day. Goodnight.
Gary
[info]gwox at 2006-08-17 13:48 (UTC) (Link)
Let's not forget the American Way, Stage 2, in which John Ramsey sues the fuck out of the tabloids for all they've done to smear him and Patsy.

What is the statute of limitations on libel, anyway?
Robotech_Master
[info]robotech_master at 2006-08-17 18:40 (UTC) (Link)
The thing about irony is it's just so damned ironic.
Warning on JonBenet speculation

The US district attorney investigating JonBenet Ramsey's murder has warned against speculation about the possible guilt of suspect John Mark Karr.

"John Mark Karr is presumed innocent," Mary Lacy said, adding that the public must not "jump to conclusions".

[…]

Paraded briefly before reporters on Thursday, Mr Karr, when asked if he killed JonBenet, said: "No, I did not. It was an accident."

"I was with JonBenet when she died. Her death was an accident."
Gotta watch out for those accidental beatings and stranglings…
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