How true crime stories are influencing the real-life justice system
True crime has seen a resurgence over the past decade, with the launch of the hit podcast Serial playing a significant role in its popularity. This cultural fascination with true crime has had real-world consequences, impacting the criminal justice system in both positive and negative ways.
Adam Banner, a criminal defence attorney in Oklahoma, believes that true crime storytelling can be beneficial in exposing flaws within the criminal justice system. He notes that it has led to increased scrutiny from prosecutors, judges, and defence attorneys, who are now more cautious in how they approach cases. Banner also acknowledges the role of podcasts and documentaries in bringing attention to cold cases, with some leading to indictments, convictions, and arrests.
However, Banner also expresses concerns about the way true crime narratives can influence public perceptions of the justice system. He points out that the genre often focuses on outlier cases, which could lead to public distrust in the system if only exceptional cases are highlighted. Danielle Robitaille, a managing partner and criminal litigator in Toronto, shares similar sentiments, noting that while true crime has shed light on issues like systemic racism and flawed police work, it can also desensitize audiences to the human suffering underlying these stories.
The popularity of true crime content has also influenced how cases are approached in the courtroom. Robitaille has observed a healthy skepticism towards police and prosecutors among judges and jurors, with greater scrutiny on whether authorities have done their due diligence in proving a case beyond a reasonable doubt. Banner adds that prosecutors may feel pressured to “overcorrect” in their cases to avoid negative media attention.
Another consequence of the true crime boom is the rise of amateur sleuthing, where members of the public engage in their own investigations. Robitaille notes that in the U.S., access to police investigation and court case records is more accessible, allowing for greater public participation in cases. However, in Canada, access to these records is more restricted, making it challenging for people to get involved.
Both Banner and Robitaille emphasize the importance of ongoing mandatory legal ethics education for those handling criminal cases. They also stress the need for public education on the criminal justice system, including statistics and details on how cases typically unfold. Dawn K. Cecil, a criminology professor at the University of South Florida, suggests that the system should contribute its own perspective to the true crime narrative to ensure a more balanced portrayal.
In conclusion, the rebirth of true crime has had a significant impact on the criminal justice system, leading to changes in how cases are approached and increasing public engagement in legal matters. While there are concerns about the genre’s influence on public perceptions, there is also recognition of its role in exposing flaws within the system and driving efforts for reform. As the true crime genre continues to evolve, it is essential for both legal professionals and the public to engage with the narrative in a critical and informed manner.
