Trial By Public Opinion: The Relationship Between The Media And The Criminal Justice Process Seen Through The Case Of Williamina “Minnie” Dean

Abstract

Williamina “Minnie” Dean was convicted of infanticide in 1895 and became known as the only woman to have been executed in New Zealand’s history. However, her case had been a sensation from the moment she was arrested. This is due to the media’s extensive coverage of her case. The media have always been an integral part to the criminal justice process in order to fulfil the right to freedom of expression and free press. However, this right has always competed with the right for a defendant to have a fair and impartial trial. Therefore, the criminal justice process must try and balance these two principles in order for the best outcome to arise. This paper examines the balancing of these two principles through the real life case of Minnie Dean. This paper works through how the media was able to affect different procedural aspects of the case’s criminal process. Ultimately, the media did have a negative effect on Minnie Dean’s right to a fair and impartial criminal justice process. Modern day New Zealand has a lot more checks in place to make sure the right to a fair trial and free press are better balanced compared to the late 19th century. However, Minnie Dean’s case still highlights how important it is to make sure a defendant can have a fair process while also making sure the media can express the information to the public at large.