Forensic Science UNIT III
3.1 Intro; history; need & scope
What is Journalism?
journalism, the collection, preparation, and distribution of news and related commentary and
feature materials through such print and electronic media as newspapers, magazines, books, blogs,
webcasts, podcasts, social networking and social media sites, and e-mail as well as through radio,
motion pictures, and television. The word journalism was originally applied to the reportage of
current events in printed form, specifically newspapers, but with the advent of radio, television, and
the Internet in the 20th century the use of the term broadened to include all printed and electronic
communication dealing with current affairs.
What is Investigative journalism ?
A. Benjamin C Bradlee
1. Finding, reporting and presenting news which other people try to hide
2. Single specific issue that demands public accountability for creation of in depth news.
Ben Bradlee (1921–2014) is one of the best-known American newspaper editors. During his tenure
as editor from 1965 to 1991, The Washington Post became one of the world’s preeminent daily
papers. His leadership in publishing Daniel Ellsberg’s Pentagon Papers and Carl Bernstein and Bob
Woodward’s reporting on the Watergate scandal established important precedents for freedom of
the press and reinvigorated investigative journalism. The recurring issues that Bradlee grappled with
in his professional papers, writings, and speeches—such as ethics in journalism, the relationship
between government and the press, and fairness and inclusivity in the newsroom and news
coverage—remain of vital interest today. The papers housed at the Center document an epoch in
newspaper journalism, illuminate still-relevant themes, and reflect the charismatic personality of the
man himself. Bradlee’s correspondence and memoranda crackle with irreverent wit and, at times,
startle with disarming candor.
B. Robert W Greene
1. Work of reporter
2. Reasonable important to the reader/viewer
3. Attempts to hide from public
Robert William Greene, Sr. (July 12, 1929 – April 10, 2008) was a pioneering investigative journalist,
who uncovered corruption in Arizona after a journalist, Don Bolles, was murdered there and twice
helped Newsday win the Pulitzer Prize for Public Service.[1] He spent 37 years as a reporter and
editor at Newsday.
History
Theodore Roosevelt-
Muckrakers were investigative journalists during the Progressive Era (1890s–1920s) who
shone a light on corrupt business and government leaders as well as major social problems
like racism. The investigative techniques of the muckrakers included poring over documents,
conducting countless interviews, and going undercover. This differed from yellow
journalism, where some leading newspapers sensationalized stories using imagination rather
than facts. In several cases, muckrakers became activists themselves and spent years speaking
throughout the country about their work and the need for reform.
The term muckraking was coined by President Theodore Roosevelt in 1906, describing the
crusading journalists who wrote stories in late nineteenth-century publications. Roosevelt
took the word from the work The Pilgrim’s Progress by John Bunyan, written in 1678.
Roosevelt criticized journalists he thought focused too much on exposing corruption in
business and government and not reporting on more positive news. Journalists of the time
largely took the term as a compliment and adopted it as a badge of honor for exposing
misconduct.
Ten Days in a Mad-House- 1887
Nellie Bly, a young reporter, went undercover at an institution for the mentally ill and
exposed its shockingly poor conditions. Almost immediately, the state of New York allocated
$1 million more per year to care for the mentally ill; her reporting also prompted a grand jury
investigation into the institution.
1890s - Ida B. Wells documents lynchings(New York Age, Free Speech and Headlight, self-
published)
Through her investigative reporting on lynchings across the South, Ida B. Wells exposed that
Black men were being lynched on the basis of false claims made with the purpose of
maintaining a White supremacist social order. Wells raised public awareness of the injustices
of lynching, contributing to the eventual eradication of the crime.
1950s-1960s – (Moses Newson covers the civil rights movement)
Moses Newson, a Black reporter working in Memphis, Tennessee, and Baltimore, Maryland,
covered many of the significant events of the civil rights movement, including the murder of
Emmett Till, school desegregation and the 1961 Freedom Rides. Newson’s coverage helped
Americans understand and sympathize with the goals of the civil rights movement.
1962 - Silent Spring (Rachel Carson
Published by Houghton Mifflin, serialized in The New Yorker)
Biologist Rachel Carson compiled evidence of the detrimental effects of pesticides and
presented it to the American public in her book Silent Spring. Though Silent Spring was
initially met with backlash, especially from chemical companies, its findings resulted in a ban
of the chemical DDT and inspired an environmental movement that led to the creation of the
Environmental Protection Agency.
1969- My Lai massacre(Dispatch News Service)
Independent investigative journalist Seymour Hersh exposed the U.S. military cover-up of
the 1968 massacre by U.S. soldiers of more than 500 unarmed Vietnamese civilians in the
village of My Lai. The outrage prompted by Hersh’s reporting contributed to the growth and
influence of the antiwar movement across the United States. Lt. William Calley, who
commanded one of the three platoons involved in the massacre, was the only person
convicted in connection with the killings; he was pardoned by President Richard Nixon after
serving three years, mostly under house arrest.
1971- The Pentagon Papers(Neil Sheehan and 43 journalists from The New York Times
The New York Times)
The U.S. Department of Defense (DOD) compiled a top-secret history of American
involvement in Vietnam from 1945 to 1967. Through his work as an analyst at the RAND
Corp., a research center with close ties to the government, Daniel Ellsberg — a former DOD
analyst who had worked on early versions of the history — had access to the report and
leaked it to The New York Times. The leaked papers detailed how multiple presidential
administrations actively misled the American public about the intentions and consequences of
involvement in Southeast Asia. The resulting public outrage fueled the antiwar movement;
the United States withdrew all troops from Vietnam two years later.
1972- 1974 (Watergate) Carl Bernstein and Bob Woodward
The Washington Post
Initially investigating a break-in at the Democratic Party’s national headquarters in June
1972, Carl Bernstein and Bob Woodward exposed a series of crimes that were connected to
President Richard Nixon’s re-election campaign.
Rather than face impeachment, Nixon resigned in August 1974. The scandal had long-term
effects on Americans’ sense of trust in the federal government as well as on expectations of
political transparency.
1983 - “Lenell Geter’s in Jail”
Morley Safer, a reporter with 60 Minutes, investigated the case of Lenell Geter, a young
Black man with no criminal record, who was sentenced to life in prison for an armed robbery
of a Kentucky Fried Chicken restaurant. His report shed light on the effect of racial bias on
what turned out to be a wrongful conviction. Geter was released from prison in 1984.
Need-
• Janish
– The heart of investigative journalism is “Scandal”
– The aim of investigative journalismis to create a scandal.
• People have right to know about the society they live.
• People have right to know about the decisions which may affect them.
• Exposing the incompetency and misuse/abuse of power.
• A form of resistance through language
• Revealing scandals, tracing infringements of laws, rules or morals by
companies, organisations or persons.
• Assessing governments’, companies’ and other organisations’ policies
or actions.
• Describing social, economic, political and cultural trends, to trace
changes in society.
Scope :
• Traditional Media
• Newspaper
• Magazines
• TV
• Radio Stations
• Digital Media
• Websites
• Blogs
• Podcasts
• Social Media Platforms
• Self Publishing
3.2 Role of investigative journalism
A. Watchdog for Institutions
B. Provides a check and balance
C. Enactment of New Laws
D. Change of Social Norms
E. Shift of Power Centers
F. Clearing insight of people
G. Protection of Public Interest
H. Protection of rights
I. Preserving democratic setup
• To watch the watchers and expose wrongdoing and hypocrisy.
• Investigative journalism should call the powerful to account, and expose corruption. It is
important in any democracy. It has nothing to do with prying into the private lives of celebrities
– that’s a separate matter. Journalists may need some subterfuge to carry it out, but this is not
the same as hacking into the telephones of celebrities to get gossip.
• It’s supposed to give the public a ‘heads up" about certain people who are not obeying the
law. They are usually getting financially rewarded to the detriment of tax payers. Private Eye
has pages of them and rarely do the national papers do any work on these stories.
• Journalism can hold individuals and institutions accountable in the way that elections every
five years or AGMs do not. Its purpose should be to uncover that which others might wish to
remain hidden.
• Its function is to reveal the truth, to root out facts many people often want to keep hidden, to
re-establish fairness, to shine light in dark places. Good investigative journalism is journalism’s
strongest suit.
• Investigative journalism should be able to uncover the truth and not be selective in its
revelations. It should not be tainted by people and/or organisations that do not want the truth
revealed.
• To bring to our attention stuff that matters. To uncover that which people in power would like
to keep secret for their own gain and the detriment of society.
• It should concentrate on exposing corruption, exploitation, illegal practices that are harmful
to individuals or society, etc. Investigative journalism shouldn’t be used, as it so often is now,
to find out sensational and salacious gossip about celebrities and victims of tragedies. It should
be used in the public interest, not for things that are merely of interest to the public, as Hugh
Grant put it.
• Investigative journalism firstly diverts resources and expertise into unmasking potential
abuses of power and/or developments that stand to significantly impact on the life of a
proportion of society, or at the very least creates a system of monitoring powerful interests that
may check abuses of power with such outcomes. This is an extension of the liberal
democratic/enlightenment ideal of limiting power and influence, as an informal check on the
illegal or questionable activities of resourced actors Secondly, it should also draw attention to
passive shortcomings in public policy that affect the public. This is a guardianship role, where
laws, regulations, and the operation of significant public and private bodies are scrutinised for
effectiveness and for their fulfilment of the public good.
• It should serve as a check and balance against power hungry corporations and government. It
should inform the public rather than sensationalise.
• Investigative journalism provides truth about people from government and other entities such
as corporations who attempt to keep their often illegal activities secret. Its purpose is expose
such actions so that those involved can be held accountable.
• Investigative journalism simply does in a more detailed and comprehensive way what all
journalism should do, namely act as a watchdog in the public interest. In particular, it must
expose abuses of power wherever it finds them – and these days these are to be found as much
in the corporate sector as in the state sector.
BASIC PRINCIPLES
– News Value: New, Unusual, Interesting, Significant, About people
– Attentive: possible stories, tip off, keeping journals
– Getting facts: Hidden Facts, Facts Check,
– Facts fitting: Making sense, missing pieces
– Facts Checking: Double checks, Reliability,
– Evidence: Supporting facts
– Confidential Sources: Keeping confidentiality
– Threats: Physical, Financial, Social
– Respect to Law: No special rights
3.3 ROLE OF JOURNALISM IN POLICE INVESTIGATION
• Assisting Investigation
» Archives acts as source of information
» Interview, Oral statement establish a fact
» Facilitate preliminary information
» Helps in forming opinions
» Evidence in circulation
» Calling attention
• Hindering Investigation
» Leaking operational details
» Media Trials
» Interference in investigation
3.5 CASE STUDIES RELATED TO INVESTIGATIVE JOURNALISM
Suhaib Ilyasi ( India’s Most Wanted):
India's Most Wanted (IMW) was a crime busting fugitive hunter television show initially on
Zee TV and later on DD1, India's national broadcaster Doordarshan. The show was made
famous by its Anchor-Director and Producer, Suhaib Ilyasi with his unique presentation style
and criminals actually being caught with the help of television.[1]
The show is considered to be the first and the biggest crime show on television in India. This
program has shown live telecasts and helped police with 135 fugitives.
3.6 Role of media on the outcomes of cases
Media Trial and Judiciary: An Interplay
A delicate balance exists between the media and the judiciary, with both being integral pillars
of a democratic society. The media serves as the Fourth Estate, responsible for disseminating
information, sparking public discourse, and holding power to account. On the other hand, the
judiciary safeguards the rule of law, ensuring justice is served impartially and without undue
influence.
While both institutions independently fulfill their duties, the scenario becomes complex when
the media begins to assume the role of the judiciary. The question arises: How much should
the media intervene in ongoing trials? The 'media trial and judiciary' dynamic becomes a
delicate balancing act.
When media coverage sways towards bias, it may inadvertently pressure the judiciary and
compromise the fairness of legal proceedings. However, there's also the undeniable truth that
media attention on high-profile cases can aid the cause of justice by keeping the public
informed and the judiciary accountable.
Legal Aspects of Trial by Media
Understanding the legal implications of 'trial by media' is crucial to grasp the dynamics
between media coverage and the pursuit of justice. While the media has the right to report
and the public has the right to know, these rights must be balanced against an individual's
right to a fair trial and the presumption of innocence until proven guilty.
The 'trial by media' often brings into focus the conflict between these principles. In many
jurisdictions, there are laws to protect the sanctity of ongoing investigations and court
proceedings from excessive media scrutiny. For instance, in some countries, strict contempt
of court laws are in place to prevent the media from publishing prejudicial material that could
potentially affect the outcome of a trial.
However, implementing such restrictions is a challenging task, considering the growing
influence of digital media and the importance of upholding freedom of the press. Often, it
falls upon the media houses themselves to exercise self-regulation and uphold journalistic
ethics.
When a 'trial by media' oversteps these boundaries, it can potentially lead to a miscarriage of
justice. Therefore, a comprehensive understanding of these legal aspects is imperative in the
discourse around 'trial by media.' It allows for a more balanced and nuanced approach that
respects the principles of justice while still acknowledging the critical role of the media in a
democratic society.
Podcast - Serial: The Adnan Syed Case
'Serial' is an investigative journalism podcast hosted by Sarah Koenig that gained massive
popularity in 2014 and 2015, when its first season covered the 1999 case against Adnan Syed.
Syed has been in prison since his arrest and conviction for the murder of his classmate and
former girlfriend Hae Min Lee. Since October 2014, the podcast has been the fastest podcast
to ever reach 5 million downloads (according to Apple) and reached an estimated 40 million
downloads by December 23, 2014. Each installment was a new chapter in the case and the
attention spread worldwide.
Having all eyes on this case, a Maryland lower court judge vacated Syed's conviction in 2016
and granted a retrial. The argument from his current representation was that Syed's assistance
from prior counsel was ineffective due to his previous lawyer's failure to investigate a
potential alibi witness. The ruling was appealed; but, in March 2018, the second-highest court
in Maryland upheld the ruling to grant a retrial to Syed.
Indisputably, 'Serial' produced laser focus on this case, ultimately leading to a re-examination
of the previous trial, scrutiny of the American justice system and racial discrimination, and
granting of a retrial for Adnan Syed.
The media is a major part of our lives, and it has the capability to reach and affect people on a
global scale. As shown above, this media influence can impact a trial outcome; sway mass
public opinion; result in dangerous mistakes; or, possibly, lead to the correction of injustices.
As society becomes more intertwined with the media and public lives of others, we can
expect additional situations like the ones shared above to arise.
Pradyuman Thakur case (2017)
This case was a perfect example of how a media trial had detrimental effects on the accused.
Facts of the case: A seven year old boy in Haryana was found dead with many injuries. In
the initial proceedings, his bus conductor was charged with murder but later found innocent.
This case was further transferred to CBI, where an unnamed sixteen year old student from the
same school has since been charged with his murder.
Media trial effects on the case: the media had declared the bus conductor a criminal for
murdering the student without any kind of judicial trial. Which resulted in no lawyer being
ready to represent the bus conductor. The media had defamed him in such a manner that he
was removed from his job and his career was badly affected by the same.
Just on the basis of mere speculations in the media, the person had to suffer a lot. Definitely,
things could have been better if the media had acted responsibly.
Sushant Singh Rajput case (2020)
In this famous case, Rhea Chakraborty, the accused, was constantly followed by the media
and was subjected to character assassination. She was in a relationship with the actor but was
still accused of practising black magic on him. Constantly, her images and chats were
published in the media.
Media trials were run to such an extent that the Bombay High Court held that a media trial
interferes with the administration of justice and could lead to obstructing the investigation
and administration of justice.
Analysis: If the media were to be fully regulated, it would result in the disappearance of
press freedom in the country. There would be a controlled media system in a country, which
can be even more dangerous for us. At the same time, regulating media trials is equally
important. It is really high time now that the media strictly follow ethical journalism and
maintain a certain level of privacy.
