Brooklyn Journal of International Law

First Page



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 US. The Article begins by discussing the tension between journalists’ and defendants’ rights (Part I). It then surveys how the US seeks to mitigate media influence (Part II). After this, it notes two recent Argentine mitigation measures (Part III). Next, it 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 IV). Finally, the Article identifies how US criminal proceedings are (similarly and dissimilarly) susceptible to media pressure, considering the Kyle Rittenhouse prosecution and the campaign to pardon Daniel Perry (Part V).