Criminal Court Outcomes and Public Expectations: Is Alignment Necessary and How Can it be Achieved?

The outcomes of court cases can attract public attention where the matter is particularly serious or of significant public interest. Judgments issued by the courts provide a full and detailed discussion of the case, the evidence, the relevant legal rules and the deliberations of the court in determining the outcome. Constructed in legal language and custom, they can be difficult for those without a legal background to digest and understand. The media will generally portray the outcome in whatever manner it feels will generate the best circulation. The use of eye catching, and sensationalist headings is liberally applied to achieve that purpose. The average person can be attracted to this as a readily accessible and easily understood source of information. Its veracity and accuracy however may be lacking, and this can create calls for harsher sentences and overhauls of the legal system because of perceived failures to mete out appropriate justice. This disparity between the legal judgment and the public perception can undermine public confidence in the judicial system. This article will analyse the issues behind the varied levels of understanding and propose a potential solution.

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Publication Details

Journal
University of South Australia Law Review
Published
2024-08-30
DOI
https://doi.org/10.21913/uslrunisalr.v6.1687
Primary Topic
Jury Decision Making Processes
Type
article
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article

Criminal Court Outcomes and Public Expectations: Is Alignment Necessary and How Can it be Achieved?

Andrew Makin
University of South Australia Law Review
Jury Decision Making Processes
article

Criminal Court Outcomes and Public Expectations: Is Alignment Necessary and How Can it be Achieved?

Andrew Makin
article en

Abstract

The outcomes of court cases can attract public attention where the matter is particularly serious or of significant public interest. Judgments issued by the courts provide a full and detailed discussion of the case, the evidence, the relevant legal rules and the deliberations of the court in determining the outcome. Constructed in legal language and custom, they can be difficult for those without a legal background to digest and understand. The media will generally portray the outcome in whatever manner it feels will generate the best circulation. The use of eye catching, and sensationalist headings is liberally applied to achieve that purpose. The average person can be attracted to this as a readily accessible and easily understood source of information. Its veracity and accuracy however may be lacking, and this can create calls for harsher sentences and overhauls of the legal system because of perceived failures to mete out appropriate justice. This disparity between the legal judgment and the public perception can undermine public confidence in the judicial system. This article will analyse the issues behind the varied levels of understanding and propose a potential solution.

University of South Australia Law ReviewVol. 6
University of South Australia (AU)
Peace, Justice and strong institutions
Openalex Percentile: Top 74%
Jury Decision Making Processes
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