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Publication Title

Washington University Jurisprudence Review

Abstract

This Note will demonstrate that the extensive media coverage in the Ghailaini trial affected the final decision reached in the case. Using the attitudinal model of judicial decision making as a lens, I will demonstrate that the judge‘s decision was ultimately influenced by a variety of external factors. Specifically, this is because the media, rather than the courts, seemed to decide the ultimate outcome. The possibility that outside factors swayed the decisions of Judge Kaplan calls into question the independence of the judiciary, which ultimately affects the sense of justice created by Ghailani‘s prosecution. To look at the media‘s impact on the Ghailani proceedings, this paper will use the NMT proceedings and the media impact present in those tribunals to provide a baseline for determining how the media affected the Ghailani proceedings.

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