In a time before TikTok, Twitter threads, and livestreamed trials, law enforcement agencies and prosecutors mastered the one-sided communications strategy: hold a press conference, control the narrative, walk away.
The “perp walk,” the mugshot release, the “ongoing investigation” script, all of these tactics were honed in an era when the nightly news was gospel, public officials allegedly had integrity, and there was little room for public scrutiny or response.
But now, in the age of social media and on-demand outrage, that old strategy is not just outdated; it’s dangerous.
And it’s actively undermining due process.
A One-Sided Story Becomes the Only Story
Here’s the formula: someone is arrested. Before they’ve had a chance to see a judge let alone a defense attorney, police issue a statement painting them as guilty. They want a cookie for doing their jobs, apparently. To me, it comes across as very “pics or it didn’t happen.”
Local news outlets (WWMT, Fox 17, WZZM) run the press release nearly verbatim. Prosecutors hold a press conference. The mugshot circulates. Social media erupts.
Meanwhile, the defense is silent. Because they have to be.
Public defenders can’t ethically or strategically comment on open cases. Defendants are warned not to speak out because it could “hurt their case.” So the entire narrative becomes lopsided, where the government is hitting you on three separate sides (judge, police, prosecutor) and further reinforced by algorithms and a public hungry for a story.
By the time a case makes it to trial (IF it even does) the jury pool has already been thoroughly saturated with bias.
That is not justice. It’s PR warfare.
These Press Models Were Never Built for Fairness
The police and prosecutor press model was designed in the mid-20th century as a law enforcement messaging tool rather than a balanced communication structure. It was built on hierarchy, secrecy, and an assumption that authority should be trusted without question.
What it was not built for:
I can tell you for absolute certain what it was NOT built for:
- Ensuring fair trials
- Respecting presumption of innocence
- Accommodating online amplification
- Navigating viral misinformation
- Protecting marginalized or justice-impacted voices
Today’s media landscape has made the flaws of these old systems impossible to ignore and it’s time for an overhaul.
Trial by Media ≠ Justice
The damage is not hypothetical. People lose jobs, housing, and custody over public accusations. Mental health crises escalate after viral exposure. Plea deals get pressured when someone feels they’ve already been tried and convicted online.
Judges and prosecutors become celebrities in high-profile cases—shaping decisions around optics, not justice.
Even if someone is acquitted, the Google results stay forever. The press release lives on. The court of public opinion never vacates its verdict.
What Needs to Change?
Reforming this system doesn’t mean eliminating public information; it means creating ethical, balanced, and transparent protocols that reflect the reality we live in.
Here’s what that could include:
- Mugshot release restrictions, especially for nonviolent or pretrial cases.
- Equal press time or space for defense statements, when available.
- Sanctions for prosecutorial or even judicial misconduct via media that prejudices a fair trial.
And perhaps most importantly: Media literacy training for journalists covering the justice system. You can’t keep running press releases as news and calling it objective.
We Need a New Model. One That Starts With Justice, Not Optics.
It’s time to retire the 1980s press model that gave us flashy busts, smug soundbites, and zero accountability.
We don’t need more badges on TV seeking out promotion; you’ve had the floor for decades.
Bo Burnham, Comedy
What we really need, is fairness, context, and restraint.
Because when prosecutors try cases in front of cameras instead of juries, and police use public shame as a sentencing tool, we all lose the promise of due process.
And justice becomes just another story spun, sold, and settled long before court is ever in session.
Love what we do? Support clutch justice.
