Smile you're on camera, and in court!

At the moment there are two high profile cases going on in the United States. One involving Amanda Knox, and the other involving the Doctor of Michael Jackson. I know this not because I'm interested but because it is on the news every morning.

Now allow me to be clear of this from the start, I don't care. Michael Jackson's death was unfortunate. But all that is necessary is a single report at the end of the trial to the tune of 'he did it' or 'he didn't do it'. I'm at a loss as to why I need to know what each security guard, every aid and Doctor saw heard and thought/thinks. Why does it matter? I isn't my place to decide and largely the case has no relation to me.

The Amanda Knox case has slightly more interest, but only really because I have a small and highly likely and unfair thought in the back of my mind that a US Court may care slightly less about the murder of a British national than an American. I know, that is prejudice, but I guess my thoughts are partly sponsored by the retarded response of the American people to the BP oil spill. "Oh those Brits have ruined out country and are going to get away with it!" When actually the truth was "a multinational company ruined your country" and largely that makes no difference to what happened any more than if it was an American company, especially since those working on the platform in question were likely to be American themselves.

The American ability not know know who their allies and their enemies are is always slightly worrying so I'd like to think that if there is a lot of coverage of the case at least that means the UK is watching for any obvious errors.

But if it wasn't for that one angle, we would be back in the situation where I don't know why the matter is being reported all the time. In fact there is an entirely separate rant of mine regarding why we need crime reported nationally anyway... but that is for another day.

But this rather obvious American trend of broadcasting Court cases has some rather worrying support of here, in the UK.

Now I don't know what the numbers are, it could be that 99% of people would oppose such a move and it is only the 1% who are, I assume, snorting something illegal, that actually think it is a good idea. But the BBC managed to find one lawyer who thought it was a good idea.

So here goes the simple logic of why allowing videos in Courts is a dumb idea:

1. Where to start? How about with the fact that putting it on TV will give people the chance to act up. But it will give many people the chance to act up so I'll break it down further:

a) the Barristers.
Right now we have a system, the Barrister does the talking, he knows the system, the Judge does the listening, he knows the system, the solicitors draws up the paper work, they know the system. The Client largely does very little, because they know crap all about the legal system. If they were to get involved in likelihood they would make a monumental mess of it. Common sense tells you this, as does experience (if you ever see small claims trial where the parties represent themselves and you'll know what I mean). However with the addition of a camera all of a sudden you have a huge new presence. The people watching who don't know the system. All of a sudden there is a temptation for the lawyers involved to start acting. After all it could be good for business if you start to give yourself some sort of character. It may not help your client's case (chances are acting up would actually hurt it, but who cases if it is a pretty duff case anyway) but it could start to make you look like the 'Doctor House' of the Court room, or 'Rumpole of the Bailey'. No solicitor would buy it, as they know that you would be damaging your case, but to those outside the court room, it is basically free advertising, and as we know about advertising, often, it doesn't have to be good, it just has to be memorable.

b) those on the stand
Once on the stand the Defendant, Claimant, whoever could be tempted to play up. Maybe the Defendant knows that they are going down so they are going to try and bring out some 50 cent bravado in the process, or maybe they just want to put on the best performance for the cameras.

c) victim
Err, would you want to have to go through an account of attempted murder with a huge audience watching? What about rape? What about anything like that? No didn't think so.

d) witnesses
Person A saw that the murder was done by someone else, but the reason they knew was because they were visiting a prostitute at the time... you think that they are going to stand as a witness at the trial? ................... Nope, me neither.
Person A saw the mafia gang leader shoot the victim in the face... you think they are going to stand witness? ...... Two for two.
Of course there are ways of protecting these witnesses, but I'm not sure how effective they would be, especially since in my experience video link evidence isn't quite as effective as in person.

e) idiots
For how long has Big Brother been running now? Years. How long has Jackass being going on? One thing I think we can say we've all learned is that:
I) idiots love being on TV
II) plenty of idiots will do plenty of stupid thing just to be on TV
III) TV executives seem to believe that what the public want to watch is basically all the weird freaks mixed in with the truculent and cantankerous with maybe one of two normal people thrown in for fun.
In my opinion, the last thing we should do as a society is add to the number of ways that morons can get publicity. Society works best when those who work hard and do well are known best.

This is why programmes like dragon's den is very good. It is why programmes like.... ok I'm struggling here, I'd say the apprentice, but since the contestants are chosen they too probably have the assorted mix of morons in, which isn't exactly meritocracy. You can't imagine being taken on at a firm because they think you're particularly argumentative arrogant and they think that it will lead to plenty of fights. But I bet they do that with Apprentice candidates.

But anyway, you get my point, if the courts could be televised then chances are people will want to get on TV and it will draw morons. People will want to be witnesses in trials because they want to be on TV not because they know anything useful. Who knows maybe people will commit crime just to get one TV. I wouldn't put it passed people, especially when you consider the link between publicity and shootings (I mean the ones where someone walks into a school or shopping centre and shoots a load of people for no reason).

Urghh.. that is a depressing thought, moving on.

The only counter I can think of is that it will add to the 'transparency' of the law. But I have a problem with that. Criminal cases are already open to anyone who wants to attend. If it matters that much, chances are people have no problem with attending. If they don't, then why do they need to watch the trial? There are a few instances where I can see someone may want to know what happens but can't (a fraud trial that involved someone who bankrupted their company, but they can't leave their new job to watch) but they are few and far between. Generally if anyone has a real reason to watch, they already can. Those whom it doesn't really involve, can't. Frankly, that sounds idea.

Finally, will it really lead to greater transparency? I mean most people don't understand the law or legal procedure. Ask most people and they don't understand the difference between civil and criminal courts. So how are they going to interpret what goes on? Probably, wrongly.

I'm not saying this with condescension. If someone was broadcasting a surgical operation, would I know what was going on? Nope. What if someone was broadcasting an accountant going through the accounts of a department without explaining? Not a clue. I doubt I'd know what a plumber of BT technician was doing all of the time either. So why do we think it would be any different with the law?

The only people in favour of this are surely the TV companies themselves (perhaps maybe one of two of the already famous Barristers) and frankly, they can go and make their own entertainment. Isn't that what they are there for?