This thesis examines the role of media within the modern criminal justice system, focusing on the delicate balance between freedom of expression, the right to privacy, and the right to a fair trial, through a comparative legal analysis of the Italian and U.S. systems, particularly Article 21 of the Italian Constitution and the First Amendment of the U.S. Constitution. The work explores the tensions between information dissemination and the protection of fundamental rights. Key topics include defamation, media trials, and disinformation, supported by case studies from jurisprudence. The research shows that while the media play a crucial role in democratic societies, their impact on public opinion and the judicial process can be problematic. Therefore, a legal and ethical framework is needed to ensure responsible journalism without undermining constitutional freedoms.
This thesis examines the role of media within the modern criminal justice system, focusing on the delicate balance between freedom of expression, the right to privacy, and the right to a fair trial, through a comparative legal analysis of the Italian and U.S. systems, particularly Article 21 of the Italian Constitution and the First Amendment of the U.S. Constitution. The work explores the tensions between information dissemination and the protection of fundamental rights. Key topics include defamation, media trials, and disinformation, supported by case studies from jurisprudence. The research shows that while the media play a crucial role in democratic societies, their impact on public opinion and the judicial process can be problematic. Therefore, a legal and ethical framework is needed to ensure responsible journalism without undermining constitutional freedoms.
Criminal Justice and Media: Dynamics and Implications in the Italian and American Criminal Systems
BARBIERO, ISABELLA ADELAIDE
2024/2025
Abstract
This thesis examines the role of media within the modern criminal justice system, focusing on the delicate balance between freedom of expression, the right to privacy, and the right to a fair trial, through a comparative legal analysis of the Italian and U.S. systems, particularly Article 21 of the Italian Constitution and the First Amendment of the U.S. Constitution. The work explores the tensions between information dissemination and the protection of fundamental rights. Key topics include defamation, media trials, and disinformation, supported by case studies from jurisprudence. The research shows that while the media play a crucial role in democratic societies, their impact on public opinion and the judicial process can be problematic. Therefore, a legal and ethical framework is needed to ensure responsible journalism without undermining constitutional freedoms.| File | Dimensione | Formato | |
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Tesi Adelaide Isabella Barbiero.pdf
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https://hdl.handle.net/20.500.12608/98821