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The effect of trial by media

The trial of Dutch rapper Ali B is receiving massive media attention. Party due to himself, the trial can be followed by the public. How will this affect the upcoming verdict? Dutch newspaper ‘De Volkskrant’ spoke to legal scholars and experts including Jan de Keijser.

Face in full view

It is unusual in the Netherlands for a trial to be filmed and media outlets often have no interest in doing so. But what is particularly unusual in this case is that Ali B’s face is also in full view. Press guidelines state that the faces of suspects cannot be shown on camera without their permission. The rapper had to give his permission explicitly. (de Volkskrant)

'His lawyer Bart Swier said that Ali B wanted to defend himself in the media because the accusations against him were also made in the media – in January 2022, two women said in You Tube programme “Boos” that he had raped them.'  (de Volkskrant)

Can public opinion sway judges?

De Volkskrant was curious about the effect of this media attention.

Has it affected the agenda, the trial or its contents? In an article, four questions are put to legal scholars and lawyers. Professor of Criminology Jan de Keijser responds to the question of whether media attention influences how the truth is established. He has previously conducted research into factors that could affect fact-finding in court proceedings.

'The media can take a hard view of someone's guilt,' he says. 'A judge might feel social pressure as a result.' But Dutch judges are well able to distance themselves from that, De Keijser argues. 'My research showed that in the Netherlands, where we have only professional judges, we seem to be better protected from the influence of gut feelings and public opinion than in countries where administration of justice by lay judges is practised.' (de Volkskrant)

Find out more?

Would you like to find out more? In the article (in Dutch) published by de Volkskrant you can read the three other questions and the answers from the various legal scholars and experts.

Photo by Albert Stoynov on Unsplash.

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