What causes the public to bypass due process in legal cases?

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Public Opinion Overrides Legal Process Due to Misunderstanding and Social Media Influence

A significant contributing factor to the public bypassing due process in legal cases stems from a fundamental misunderstanding of the justice system's workings, amplified by the ease with which misinformation spreads on social media platforms. This environment allows for the rapid formation of public opinion that often pre-empts legal proceedings, leading to individuals being judged and condemned online before all facts and evidence have been presented and adjudicated in court. The phenomenon is not unique to Malaysia, with global examples illustrating how platforms can be manipulated to incite anger and spread falsehoods, thereby distorting public perception of ongoing legal matters.
Lack of Understanding of Legal Roles and Procedures

There is a discernible lack of understanding regarding the established roles within the justice system, including the responsibilities of legal professionals and the concept of due process. This was evident in a recent high-profile abuse case where public sentiment extended beyond the accused to target their lawyers, with some religious figures suggesting that Muslim lawyers should not represent those accused of wrongdoing. Such reactions indicate a failure to grasp that legal representation is a fundamental right and a crucial component of a fair trial, irrespective of the perceived guilt or innocence of the accused.
Social Media as a Catalyst for Misinformation and Online Vigilantism

Social media platforms play a pivotal role in enabling the swift spread of misinformation and the amplification of untruths, fostering an environment ripe for online vigilantism. Platforms like Facebook have faced criticism for their role in propagating false narratives concerning events such as US elections and the Rohingya crisis, and continue to host extremist groups. Similarly, the publicity surrounding the Johnny Depp libel suit against Amber Heard led to the proliferation of fabricated videos and quotes on YouTube, demonstrating how high-profile cases can be exploited to create and disseminate misleading content, thereby shaping public opinion with inaccurate information.
Premature Judgement and the Erosion of Presumption of Innocence

A troubling trend observed is the tendency for the public to pronounce guilt or innocence online while legal trials are still in progress, effectively bypassing the established presumption of innocence. The use of hashtags to galvanise public anger in abuse cases exemplifies how online platforms are leveraged to create a sense of urgency and outrage, pressuring public perception before legal conclusions are reached. This online activity often allows for the possibility of being wrong, as opinions are formed and disseminated without the rigorous examination of facts and evidence that is the cornerstone of the judicial process.

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What causes the public to bypass due process in legal cases?

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