Background Noise: Lessons about Media Influence, Mitigation Measures, and Mens Rea from Argentine and U.S. Criminal Cases

Abstract

This article reflects on the influence that intense media coverage can have on high-profile criminal cases and considers ways to reconcile defendants’ right to a fair trial with press freedom, comparing approaches and cases from Argentina and the U.S. Prof. Mire begins by discussing the tension between journalists’ and defendants’ rights (Part 1). Prof. Cavedon then surveys how the U.S. seeks to mitigate media influence (Part 2). After this, Prof. Mitre notes two recent Argentine mitigation measures (Part 3). She next conducts a legal analysis of the Fernando Báez Sosa case, blaming media pressure for errors in the judgment and then proposing a different resolution based on recent developments in the doctrine of extreme recklessness (Part 4). Finally, Prof. Cavedon identifies how U.S. criminal proceedings are (similarly and dissimilarly) susceptible to media pressure, considering the Kyle Rittenhouse prosecution and the campaign to pardon Daniel Perry (Part 5).

Keywords: media, criminal law, mens rea, recklessness, homicide, intent, murder, Argentina, Fernando Baez Sosa, Kyle Rittenhouse, Daniel Perry