Lawyers must not use media to win

In some past cases, lawyers' comments have brought them momentary fame but hurt their clients' interests. In the gang rape case, the public debate seems to be on whether Li used coercion, or violence, to have sex with the victim. Other factors such as whether the victim was a sex worker, and whether the night club/hotel ran a prostitution racket could also influence the court's verdict in the case. However, even raping a sex worker is a crime in any country.

Rapes are not rare in China but rarely do they draw so much attention. This case, however, is different because one of the suspects is the son of famous personalities. In such a situation, Li's lawyers and family should respect the sanctity of the judiciary and dispel people's doubts that his family background could influence the court's verdict.

But Li's lawyer (even his parents) has tried to spark a public debate on the issue by his actions and comments. For instance, by saying that the rape victim is a sex worker, the lawyer tried to minimize the severity of the crime.

Li's case has made us think why an increasing number of lawyers and families of defendants are using the media to spin stories. The situation is getting worse as more lawyers indulge in war of words on Internet to win a case instead of collecting evidence to convince the courts. Perhaps some past cases - in which lawyers used outside-the-court gimmicks to put pressure on courts to pass judgments in their favor - are to be blamed for that, especially because some verdicts have been influenced by external pressure, especially those from the media.

Criminal defense lawyers often face a dilemma. Many of them think that by not responding to public anger, they will create a bad impression on the court and thus harm their clients' future. On the other hand, if they influence public opinion by triggering an online debate on a case, they can keep it alive and put pressure on the court.

But putting pressure on a court through the media will only compromise the sanctity of the judiciary. It is against the law for defendants' lawyers and the families to try to win the public's moral support through the media. Even if public opinion helps get justice for the Beijing gang rape victim, there is no guarantee that the next time public pressure will not prompt a court to pass a faulty judgment.

It is thus important that the media stick to playing their role of disseminating information, and the judiciary continue to deliver justice. And under no circumstances should the media interfere with matters of the judiciary.

The author is deputy director of the School of Law, China Youth University for Political Sciences.