Maia Cohen-Lask and Dayna Chikamoto comparatively explore the risks of media prejudice to trials in the US and England and Wales.
4 January 2022 saw the conclusion to a trial that has gripped white-collar crime lawyers on both sides of the Atlantic – that of Elizabeth Holmes. Following a 15-week trial, jurors in the state of California returned guilty verdicts on four of the eleven counts on the indictment, convicting her of defrauding investors in her company, Theranos Inc (United States v Elizabeth A. Holmes, et al. (No. 18-CR-00258-EJD).
What’s the difference?
For British observers, the US trial largely proceeded in a familiar way to an English trial of similar facts. However, one area of striking difference between the two jurisdictions lay not in the law and procedure, but the manner of the media reporting. The A...