Media Analysis and Trial Strategy

In the ideal scenario, evidence and facts should be the sole basis for judging cases.But lawsuits and trials do not exist in a vacuum.They become the subject of attention and intense scrutiny on the media, which will inevitably influence the case. So as they strive to win the cases for their clients, the best legal teams now include media analysis in their trial strategy.

The conduct of a media analysis presents an opportunity to understand the sentiment around a case, and around the parties involved in it. Such sentiment can be gleaned from various types of content: articles in the newspapers, clips from TV or radio broadcast, blog entries, videos, and social media posts.

Scouring through all these channels will help in various stages of trial strategy. The results can be a useful guideline for selecting potential jurors. Social media websites, for example, are often able to reveal personal as well as professional connections, which may become strong basis for eliminating names from the list of candidates. They might also offer a glimpse into the candidate’s political views, through their public posts, as well as their liked pages, and the people or accounts that they subscribe to.

On the other hand, newspapers or radio broadcasts may feature manifestos or statements submitted by organizations condemning a crime, or its suspected perpetrator, prior to the release of any evidence.Community leaders and other influential people may also have weighed in on the issue.

The newspapers which now deploy their material through social media may likewise generate engagement that can reveal insights about public opinion, through the comments section, and through the shared posts. Links to many other materials online that have been part of the conversation regarding the case may even be found using hashtags.

Opinions come in varying degrees, but if they are strong and pervasive enough, they can be sufficient grounds for requesting a change of venue. This option to challenge a venue is predicated on the right of a defendant to an impartial jury – a sacred, constitutional right in the United States.

But media analysis requires very particular skills. One must know where to look, and how to do so efficiently, using state-of-the-art tools. Moreover, one should be able to conduct a scientific, comprehensive analysis of the content, in a way that satisfyingly answers these questions: How has the case been depicted in the media? How positive – or negative – is the public’s perception of the plaintiff? Of the defendant? Which organizations have spoken about the case? How much influence do they wield in the community where potential jurors will be selected? Does a strong bias exist against the client?

Today, legal teams that have their hands full may enlist the services of legal consulting firms who can perform media analysis on their behalf.Among the firms that hold expertise in media analysis is the Manhattan-based Dubin Research and Consulting (DRC), led by Josh Dubin, Esq. Get in touch with DRC today to know more about how they can help.