Gallant Law on the ABC: Discussing ‘Trial by Media’ and the Modern Justice System

The recent, high-profile Erin Patterson trial has highlighted a growing phenomenon: the immense public fascination with true crime. Following the verdict, I was invited by ABC News to join the national conversation, providing a criminal lawyer’s perspective on the case and the broader implications of what can feel like ‘trial by entertainment’.

While the media spotlight can bring attention to important issues, it also creates a complex and challenging environment for ensuring a fair legal process. This article expands on the key themes I discussed, exploring the realities of criminal defence in a world saturated with true-crime content.

The Ethical Line: A Lawyer’s Duty in High-Profile Cases

One of the greatest challenges for a criminal lawyer today is navigating the media melee. The core of our ethical duty is to our client and to the integrity of the court process. This means we must detach from the public narrative and focus entirely on the facts and the law.

Our role is not to entertain, but to analyze the strengths and weaknesses of a case, develop a sound legal theory, and act solely on our client’s instructions. We cannot—and should not—get caught up in the drama or throw a client’s confidentiality aside for a moment in the media spotlight.

Fact vs. Fiction: How TV Skews the Reality of the Justice System

The popularity of true-crime podcasts and fictional shows like NCIS has given many people a distorted view of how our legal system operates. As I discussed in the interview, this can create false hopes and unrealistic expectations for clients.

• Forensic Delays: In reality, forensic results from labs don’t come back instantly; they can take months or even years of painstaking analysis.
• Courtroom Demeanour: Theatrical, aggressive performances by lawyers, common on American TV shows, are rarely effective in a Victorian courtroom. Polite, persuasive advocacy is what truly sways a judge or jury.
• Court Procedure: Unique procedures like “approaching the bench” are staples of television drama but do not happen here in Australia.

Understanding the difference between entertainment and the methodical, often slow, process of real-world justice is crucial.

The Real Danger of “Trial by Media”

The intense media focus on a case before and during a trial presents a real threat to a person’s right to a fair hearing. There is a pervasive “where there’s smoke, there’s fire” mentality that can be incredibly difficult to overcome.

I’ve had a high-profile case where, despite clear directions from the judge, a fascinated jury member conducted their own research, leading to the entire trial being aborted. In another, a true victim of domestic violence was portrayed by the media as a glamorous ‘Black Widow’ to fit a more sensational narrative, which we had to actively fight against in court. These are not just stories; they are real-world examples of how media portrayals can profoundly impact justice.

In an age of endless information and entertainment, the role of a dedicated criminal defence lawyer is more important than ever. It requires a commitment to focusing on the facts, understanding the law, and ensuring every client’s case is heard based on the evidence presented in court, not on the narrative presented in the media.

If you are facing a criminal matter and need a team that understands how to navigate this complex environment with strategic, expert, and ethical defence, we are here to help.

Contact Gallant Law today for a confidential consultation on 03) 9070 9885.

This article expands on the key themes I discussed in my recent interview with ABC News, which you can read in full here

Article by Lauren Cassimatis – Principal lawyer

Meet Lauren Cassimatis

Principal Lawyer, Director & Founder | Accredited Criminal Law Specialist Lauren is one of Victoria’s leading criminal lawyers and a Law Institute of Victoria Accredited Specialist in Criminal Law.