Cameras in court throw us in at the deep end before we’re ready

Without a more sophisticated knowledge of the law, a casual viewer will inevitably filter what they see through the biases they already harbour.

The Court of Appeal is to be televised for the first time now that a ban on cameras in courts in England and Wales has been lifted.

High-profile media organisations have been lobbying for such a move for some time and the first broadcast has already been made from the Royal Courts of Justice.

There is no question that the justice system ought to be public. That necessarily means that it ought to be as publicly accessible and visible as possible. Indeed, this is an aim that the justice system itself should actively pursue by taking measures to enable as many people as possible to gain access to the system’s operations.

Televising court proceedings is one important step in that direction for the obvious reason that the justice system now potentially reaches a much wider audience. That said, it’s unlikely that daytime television producers should be losing any sleep over losing viewers. Audience figures are generally low elsewhere.

It is commendable that the televising of trials is being introduced very carefully. It is wise to restrict it initially to appellate proceedings, which resist being sensationalised much more than first-instance court hearings. I am also not particularly concerned that bringing the Court of Appeal in people’s living rooms will result in a lack of respect. In fact, people may well respect courts more, if they can see with their very eyes that courts are serious and fair.

There are, however, some concerns as to whether televising trials can satisfy the principle of publicity. Some hope that direct access to proceedings will unclutter people’s perception of the justice system not least by cutting out the press and its various biases as the middleman for delivering information to the public about what goes on within their walls. The idea seems to be that if the viewer has first-hand experience of the goings-on in court, they will also form an unbiased view on what is being discussed.

But can this really be true? Proceedings in the Court of Appeal in particular can revolve around extremely complex technical issues, which are impossible to grasp properly without an advanced understanding of the law and legal method. Whether it is a good or a bad thing that law can be so difficult to grasp is an important but separate question. The point is that, without a more sophisticated knowledge of the law, a casual viewer will inevitably filter what they see through the biases they already harbour in a way that distorts the meaning of what it is in fact going on in the courtroom. Imagine, for example, how a sentencing appeal which is upheld for good reasons can easily be misunderstood and how this can trigger disagreements for all the wrong reasons.

For justice to be public it needs to be more than just visible. It is necessary that the justice system communicate its operations to the public in an understandable and undistorted way. If justice is to be open, then people should be given the chance to fully understand what the legal issues really are in each case, what exactly the courts have decided when they deliver a ruling, why they reached the decision and what the alternatives were The public also deserves to know what the future ramifications of their decision will be.

If it is bias that we’re trying to eliminate, throwing people in at the deep end of the justice system is not the solution. Information about the law must be properly edited and communicated for it to be of any value and for it to inform political dialogue without the risk of legal populism. But instead of leaving this exclusively to the press or commentators in the blogosphere, it should be done by accountable public officials.

Emmanuel Melissaris does not work for, consult to, own shares in or receive funding from any company or organisation that would benefit from this article, and has no relevant affiliations.The Conversation

This article was originally published at The Conversation. Read the original article.

The Royal Courts of Justice. (Photo: Getty)
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Michelle Obama's powerful speech demolishes Donald Trump without even mentioning his name

This is one speech he won't be able to steal. 

After her stirring speech at the Democratic Convention, Michelle Obama can be sure of one thing - Melania Trump won't be able to copy it.

Obama, like her husband, is a fine orator, so much so that the wife of Republican nominee Donald Trump was widely suspected of borrowing from her speeches.

But those who crowded into the audience on Monday night could be sure of the real deal. 

Obama did not mention Trump by name, but in an implicit criticism of him, she spoke passionately about the responsibilities of the Presidency, and how the United States had moved on since the days of slavery and oppression. 

The Obamas knew their kids were watching them, she said: "We know that our words and actions matter." 

And in a reference to Trump's Twitter obsession, she declared: The issues a President faces "cannot be boiled down to 140 characters".

Obama, whose husband fought a fierce campaign against Hillary Clinton to clinch the Democratic nomination in 2008, now heaped praise on his former rival. 

Clinton was a "true public servant" who "did not pack up and go home" after losing to Obama in 2008, she said. She had carried out "relentless, thankless work" to actually make a difference in children's lives. 

And she reminded the audience the Presidential election was not just about left-right politics: "It is about who will have the power to shape our children for the next four or eight years of their lives."

But the African-American First Lady's most powerful statements were a reflection on race, gender and social mobility - issues far outside of Trump territory. 

In a reference to Clinton's 2008 concession speech, where she talked of making "cracks in the glass ceiling", Obama declared: 

"That is the story of this country, the story that has brought me to this stage tonight, the story of generations of people who felt the lash of bondage, the shame of servitude, the sting of segregation, but who kept on striving and hoping and doing what needed to be done so that today I wake up every morning in a house that was built by slaves.

"And I watch my daughters, two beautiful, intelligent, black young women playing with their dogs on the White House lawn.

"And because of Hillary Clinton, my daughters and all our sons and daughters now take for granted that a woman can be president of the United States."

She also recalled the little black boy who made headlines around the world when he visited the White House and asked the President: "Is my hair like yours?"

Obama's calm but intense delivery brought the packed arena to its feet, and earned her several standing ovations. Bill Clinton, former President and husband of Hillary, was seen to say "wow" from his place in the audience.

She ended with a final dig at Trump's slogan "Make America Great Again". Obama told the crowd:

"Don’t let anyone ever tell you that this country isn’t great, that somehow we need to make it great again. 

"Because this right now is the greatest country on earth."

Michelle Obama's speech: The best quotes

On Obama's 2008 victory

I will never forget that winter morning as I watched our girls, just 7 and 10 years old, pile into those black SUVs with all those big men with guns.

And I saw their little faces pressed up against the window, and the only thing I could think was, what have we done?

On bringing up kids

We insist that the hateful language they hear from public figures on TV does not represent the true spirit of this country.

How we explain that when someone is cruel or acts like a bully, you don’t stoop to their level. No, our motto is, when they go low, we go high.

On Hillary Clinton

What I admire most about Hillary is that she never buckles under pressure. She never takes the easy way out. And Hillary Clinton has never quit on anything in her life.

On who shouldn't be President

When you have the nuclear codes at your fingertips and the military in your command, you can’t make snap decisions. You can’t have a thin skin or a tendency to lash out. You need to be steady and measured and well-informed.

On equality

I wake up every morning in a house that was built by slaves. And I watch my daughters, two beautiful, intelligent, black young women playing with their dogs on the White House lawn.

And because of Hillary Clinton, my daughters and all our sons and daughters now take for granted that a woman can be president of the United States.

On the US

Don’t let anyone ever tell you that this country isn’t great, that somehow we need to make it great again. Because this right now is the greatest country on earth.

You can read a copy of the full speech here.