The third episode of Bull concerns a high-profile case. A young woman is facing charges on a reopened murder and she claims innocence. However, a podcast called “Open & Shut”—a clear reference to 2014′s fantastically successful “Serial” podcast, which documented the supposed innocence of a convicted murderer—has turned her case into an entertainment phenomenon. Millions have downloaded the podcast, which paints the suspected woman as undoubtedly guilty. And it is not just the millennials that are affected; the episode opens with a man in the park reading a newspaper with a headline reading “She Did It!” Dr. Bull takes the case pro bono, believing not only that the woman is innocent, but also that it will be difficult for her to get a fair trial due to the onslaught of negative publicity.
Lawyers are always concerned that publicity will affect the outcome of a case. The so-called “Court of Public Opinion” has numerous and powerful effects on our justice system, including how jurors collect, process, and employ information. This is one of the reasons why voir dire questioning remains such a critical aspect of the trial. If a criminal defendant, for instance, is to have a fair shake, it is imperative that the jurors are entering the courthouse with an open mind. If the media bombards everyone with coverage about the case, it can be difficult to find twelve people who will review the evidence impartially. Those who have already made up their minds’ must be dismissed.
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